United States of America v. 4109 dollars in US Currency

Filing 12

ORDER granting 11 Motion for Default Judgment and Final Decree of Forfeiture Signed by Chief Judge Margaret B Seymour on 3/15/2012.(asni, )

`IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
$4,109 IN UNITED STATES CURRENCY,
Defendant In Rem.

) CIVIL ACTION NO.: 0:11-3183-MBS
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ORDER GRANTING DEFAULT JUDGMENT,
AND GRANTING JUDGMENT AND FINAL DECREE OF FORFEITURE
This in rem forfeiture action was initiated through a complaint for forfeiture in rem filed
by the United States on November 21, 2011. It concerns $4,109 in United States currency
(the “Defendant Currency”), which was seized on May 10, 2011, by the Drug Enforcement
Administration. The complaint alleges, inter alia, that the Defendant Currency constitutes or
is traceable to proceeds involved in trafficking of illegal drugs, or that the Defendant Currency
was used or intended to be used to facilitate such offenses; and, that the Defendant Currency
is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6), and 18 U.S.C. §§ 981(a)(1)(A) and
981(a)(1)(C).
Based upon matters of record in this case, it appears that the notice of forfeiture and
complaint were served upon the known potential claimants, Morris Eugene Milling, III, Tavares
Mansha Singleton, and Brian Anthony Hughes Hendrix, and Hendrix’s attorney in the related
non-judicial forfeiture action, John T. Mobley, Esq.; that none of the known potential claimants
are serving in the armed forces of the United States, and that none are infants or incompetent
persons; that publication has been lawfully made in this matter; that lawful notice was given
to all potential claimants, known or unknown, either through direct notice or by publication;

Order, p. 1 of 3

that no claims, answers, or other pleadings have been filed in response to such notice; that
no extensions to the applicable time limits have been requested, consented to, or granted by
the court; and, that the clerk has entered default, pursuant to Rule 55(a), Fed. R. Civ. P.
Accordingly, the court finds and concludes as follows:
1.

That process was lawfully executed in this action and returned according to law;

2.

That the Defendant Currency was lawfully arrested pursuant to the warrant of

arrest in rem, pursuant to Rule G(3);
3.

That public notice of this forfeiture action was lawfully made on an official

government internet forfeiture website for a period of at least 30 consecutive days, pursuant
to Rule G(4)(a)(iv)(C);
4.

That the known potential claimants, Morris Eugene Milling, III, Tavares Mansha

Singleton, and Brian Anthony Hughes Hendrix, have received direct notice of this forfeiture
action, pursuant to Rule G(4)(b);
5.

That Morris Eugene Milling, III, Tavares Mansha Singleton, and Brian Anthony

Hughes Hendrix have failed to file a claim, answer, or other responsive pleading, as required
by Rule G(5);
6.

That neither Morris Eugene Milling, III, Tavares Mansha Singleton, nor Brian

Anthony Hughes Hendrix is serving in the armed forces of the United States, and that none
are infants or incompetent persons;
7.

That all other potential claimants were duly notified of the proposed forfeiture

through publication, pursuant to Rule G(4)(a); and,
8.

That no other person or entity has filed a claim, answer, or other responsive

pleading within the time fixed by law.

Order, p. 2 of 3

NOW THEREFORE, based upon the above findings, and the court being otherwise
fully advised, it is hereby ORDERED, ADJUDGED, AND DECREED that:
1.

All persons claiming any right, title or interest in or to the Defendant Currency

are hereby held in default, and any right, title, or interest in the Defendant Currency on the
part of any potential claimants are extinguished and forever barred.
2.

Default judgment shall be entered by the clerk against all potential claimants to

the Defendant Currency, and in favor of the United States.
3.

Pursuant to 21 U.S.C. § 881(a)(6), and 18 U.S.C. § 981(a)(1)(A) and (a)(1)(C),

the Defendant Currency is hereby forfeited, condemned, quit-claimed and abandoned to the
United States of America.
4.

Clear title in and to the Defendant Currency is vested in the United States of

America, and no other right, title or interest exists therein. All other claims to the Defendant
Currency are hereby forever foreclosed and barred.
5.

The Defendant Currency forfeited herein shall be disposed of by the United

States as authorized by law.
IT IS SO ORDERED.

s/ Margaret B. Seymour
MARGARET B. SEYMOUR
CHIEF UNITED STATES DISTRICT JUDGE
March 15, 2012
Columbia, South Carolina

Order, p. 3 of 3