United States of America v. $29,410.00 in US Currency

Filing 34

ORDER granting 33 Motion for Default Judgment. Signed by Honorable Timothy D. DeGiusti on 4/21/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,
Plaintiff,
v.
$29,410.00 IN UNITED STATES
CURRENCY, more or less,
Defendant.

)
)
)
)
)
)
)
)
)
)

CIV-13-132-D

DEFAULT JUDGMENT AND ORDER OF FORFEITURE
Before the Court is Plaintiff’s Motion for Default Judgment and Order of Forfeiture
and Brief in Support [Doc. No. 33]. The Court finds:
That on February 5, 2013, the plaintiff, United States of America, filed its Verified
Complaint for Forfeiture In Rem [Doc. No. 1] against the defendant currency.
That copies of the Verified Complaint and other pertinent documents were sent and
received by certified mail on February 14, 2013, to Walter Kevin Moore, III, a/k/a Walter
John Moore, III via his attorney, Bruce Carsia. Walter Kevin Moore, III, a/k/a Walter John
Moore, III filed a claim pro se.
That notice of this action was posted on an official government internet site
(www.forfeiture.gov) for at least thirty consecutive days, beginning on February 7, 2013, and
ending on March 8, 2013, as referenced in the Declaration of Publication [Doc. No. 9].
That no infant or incompetent persons were entitled to receive service in this matter.

That on February 4, 2014, the Court ordered stricken from the action the claim of
Walter Kevin Moore, III, a/k/a Walter John Moore, III for his failure to file an Answer to the
Verified Complaint as required by Rule G(5)(b), and for failure to respond to the
Government’s special interrogatories. See Order [Doc. No. 18].
That on March 27, 2014, there being no claimants remaining before the Court, a
Clerk’s Entry of Default [Doc. No. 32] was entered defaulting all persons for their failure to
defend their interest in the defendant property.
Accordingly, the Court, finding no claimants remaining, and the Clerk’s Certificate
having been properly entered:
(1)

GRANTS the plaintiff’s Motion for Default Judgment [Doc. No. 33],

having determined that the plaintiff has established by a preponderance of the evidence that
the defendant res is subject to forfeiture.
(2)

hereby FORFEITS the defendant res to the United States of America

and CONFIRMS the vesting in the plaintiff of said res:
(3)

forever EXTINGUISHES any right, title or interest anyone may have

had in the defendant res: and
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the right, title
and interest to the defendant, $29,410.00 in U.S. currency, is hereby condemned, forfeited
and vested in the United States of America, free and clear of the claims of any person, and
shall be disposed of according to law. The Court ORDERS that judgment should be, and is
hereby, entered in favor of plaintiff United States of America.
2

That upon entry of this order, the United States Marshals Service or other appropriate
governmental agency is directed to deliver the above-described property to the United States
of America for disposition according to law.
IT IS SO ORDERED this 21st day of April, 2014.

3