United States of America v. 125000 dollars in US Currency et al

Filing 14

CONSENT ORDER OF FORFEITURE directing that all persons, except the claimant, claiming any rights to the defendant funds are held in default and the defendant funds forfeited herein shall be disposed of by the United States in accordance with law. Signed by the Honorable Joseph F. Anderson, Jr on 10/10/2013. (bshr, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
UNITED STATES OF AMERICA
Plaintiff,
vs.
$125,000 IN FUNDS
Defendant In Rem.
Steve Griebe, Claimant

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Civil Action No.: 3:13-1321-JFA

CONSENT ORDER OF FORFEITURE
The above-entitled in rem forfeiture action was initiated on May 15, 2013. The
case concerns the proposed forfeiture of $125,000 in funds (the ADefendant Funds@) from
account number XXXXXX533 with Vista Bank (the ASubject Account@), for alleged
involvement in violations of 31 U.S.C. ' 5324(a) (structuring of currency transactions).
The Complaint alleges that the Defendant Funds are subject to forfeiture pursuant to 31
U.S.C. ' 5317(c)(2) and 18 U.S.C. ' 981(a)(1)(A), which statutes provide for, inter alia,
the civil forfeiture of funds involved in structuring.
Steve Griebe is the sole signatory on the Subject Account, and has filed a claim to
the Defendant Funds. ECF No. 5. No other persons or entities have filed claims and
answers in this action, as required by Supplemental Rule G(5).
A Warrant of Arrest In Rem was duly executed against the Defendant Funds.
ECF No. 12.

As set forth in the Declaration of Publication (ECF No. 7), and in

accordance with Supplemental Rule G(4), notice of this forfeiture action was published on
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an official internet government forfeiture site, Awww.forfeiture.gov@, for at least 30
consecutive days, ending on June 15, 2013. Any person claiming an interest in the
Defendant Funds was required to file a claim within sixty days after the first date of such
publication. All time limits for the filing of claims have now expired, with no requests for
extensions of such time limits having been requested or granted. On October 3, 2013,
the clerk entered default against all potential claimants other than Steve Griebe. ECF
No. 11.
The United States and the Claimant, Steve Griebe, have reached an agreement
regarding the forfeiture of the Defendant Funds, the terms of which are set forth in a
Stipulated Forfeiture Agreement filed October 8, 2013. ECF No. 13. The essential
terms of such agreement are as follows:
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Steve Griebe (AClaimant@) represents that he is the sole owner of the Defendant
Funds.

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Claimant agrees to the forfeiture of the Defendant Funds to the United States, to
be disposed of according to law.

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The United States contends that there was structuring of funds associated with the
Subject Account, up to the amount of $1,040,175, in alleged violation of 31 U.S.C.
' 5324(a). The Government further contends that funds or other property
involved in or traceable to the alleged structuring, up to the value of $1,040,175,
are subject to forfeiture, pursuant to 31 U.S.C. ' 5317(c)(2) and 18 U.S.C. '
981(a)(1)(A). Claimant denies involvement in any structuring, and further denies
that any structuring is associated with the Subject Account. Nonetheless, in order
to resolve this matter, Claimant and the Government previously agreed that
Claimant would tender to the United States a total of $500,000, in four checks
drawn on the Subject Account. See United States v. $125,000, Civ. No.
3:12-3448-JFA (ECF #10).

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The Subject Funds in this civil action represent the second of four equal payments
of $125,000 which Claimant has tendered for forfeiture to the United States. 1
Provided that Claimant consents to the forfeiture of all such funds previously
tendered, the Government agrees not to seek forfeiture of any other funds or
property alleged to be involved in, or traceable to, the alleged structuring which is
the subject of this forfeiture action and Stipulation.
NOW THEREFORE, the Court being fully advised, and based on the Stipulated

Forfeiture Agreement, which is incorporated herein by reference, it is
ORDERED, ADJUDGED AND DECREED, that:
1.

All persons, except the Claimant, claiming any right, title or interest in or to

the Defendant Funds are hereby held in default, and default judgment is entered against
them.
2.

Pursuant to 31 U.S.C. ' 7317(c)(2), the Defendant Funds, to wit, $125,000,

is hereby forfeited, condemned, quit-claimed and abandoned to the United States of
America.
3.

Clear title in and to the Defendant Funds is hereby vested in the United

States of America, and no other right, title or interest exists therein. All other claims in or
to the Defendant Funds are hereby forever foreclosed and barred.
4.

The $125,000.00 in Defendant Funds forfeited herein shall be disposed of

by the United States in accordance with law.

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The four civil actions are:
 United States v. $125,000, Civ. No. 3:12-3448-JFA;
 United States v. $125,000, Civ. No. 3:13-1321-JFA;
 United States v. $125,000, Civ. No. 3:13-1398-JFA; and,
 United States v. $125,000, Civ. No. 3:13-1716-JFA.
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IT IS SO ORDERED.

s/Joseph F. Anderson, Jr.
JOSEPH F. ANDERSON, JR.
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
October 10, 2013

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