United States of America v. 43725 dollars in US Currency

Filing 38

CONSENT ORDER OF FORFEITURE granting 37 Motion for Forfeiture of Property Signed by Honorable Terry L Wooten on 6/15/2010.(prou, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE DISTRICT OF SOUTH CAROLINA F L O R E N C E DIVISION U N I T E D STATES OF AMERICA P l a in tif f , vs. $ 4 3 ,7 2 5 .0 0 IN UNITED STATES C UR REN CY , D e f e n d a n t. ) Civil Action No.: 4:08-1373-TLW ) ) ) ) ) C ON SEN T ) O R D E R OF FORFEITURE ) ) ) T h e above-entitled in rem forfeiture action was initiated on April 7, 2008. The case c o n c e rn s $43,725.00 seized from Alejandro Ponce on August 22, 2007, in Dillon County, S o u th Carolina, by state law enforcement officers.1 The Complaint alleges that the D e f e n d a n t currency is subject to forfeiture by the United States pursuant to 21 U.S.C. 881(a)(6). A Warrant of Arrest and Notice in rem was duly executed against the Defendant c u rre n c y on June 12, 2008 [DE7]. The United States, using Federal Express, served notice o f this judicial forfeiture action on the known potential claimants as follows: Potential Claimant A le ja n d ro M. Ponce c /o Thomas Goldstein, Esq. 2 3 4 4 Cosgrove Ave. D a te of Service J u n e 27, 2008 Custody of the Defendant currency was transferred to DEA and then to the U.S. M a rs h a ls Service and the currency is currently on deposit in an account under the control o f latter agency. 1 N . Charleston, SC 29405 A le ja n d ro M. Ponce 2 2 9 2 1 S.W. 107 th Avenue M ia m i, FL 33170 A lic e N. Canales 1 0 7 5 7 SW 225 th Terrace M ia m i, Fl 33170 T u c k y Trucking, Inc. 3 6 2 1 SW 105 th Court M ia m i, FL 33615 A ttn : Jorge L. Cruz S o lu tio n Carrier Express 1 0 7 5 7 SW 225 th Terrace M ia m i, Fl 33170 J e f fe t D. Collazo 3 1 6 Fitch Street S yra c u se , NY 13204 J u n e 27, 2008 J u n e 27, 2008 J u n e 27, 2008 J u n e 27, 2008 J u n e 27, 2008 [ D E 26]. Publication of the arrest of the Defendant currency and notice of the pendency of th e forfeiture action was made in "The State" newspaper on July 9, 2008,in accordance with R u le G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture A c tio n s [DE 15-2]. Further, beginning on July 4, 2008, as required by Rule G(4)(a)(iv)(C) o f the Supplemental Rules, notice of the forfeiture action was posted on the official g o v e rn m e n t internet site (www.forfieture.gov) for at least 30 consecutive days [DE 17-2]. O n behalf of his clients, Alejandro Ponce, Alice N. Canales, and Solution Carrier E x p re ss , Thomas R. Goldstein filed a Verified Claim and an Answer [DE 9] contesting the ju d ic ia l forfeiture of the Defendant currency. No other persons or entities have filed claims 2 a n d answers in this action, as required by Supplemental Rule C(6); therefore, all persons o th e r than Alejandro Ponce, Alice N. Canales, and Solution Carrier Express, are hereby d e c lar e d to be in default. T h e United States and Alejandro Ponce, Alice N. Canales, and Solution Carrier E x p re ss have reached the following settlement: First, $22,350.00 of the Defendant currency is to be returned to claimants, Alejandro Ponce, Alice N. Canales, and Solution Carrier E x p re ss by the United States Marshals Service issuing a check made jointly payable to " A le ja n d ro Ponce, Alice N. Canales, and Solution Carrier Express, and their Attorney, T h o m a s R. Goldstein". Second, the balance of the Defendant currency, to wit, $21,375.00, is to be found and held forfeited, condemned, quit-claimed and abandoned to the United S tate s and shall be disposed of by the United States pursuant to law as a forfeited asset. T h e parties agree that each side shall bear its own costs. N O W THEREFORE, the Court being fully advised, and based on the Stipulation for C o m p ro m ise Settlement, which is incorporated herein by reference, it is O R D E R E D , ADJUDGED AND DECREED, that: 1. A ll persons, except Alejandro Ponce, Alice N. Canales, and Solution Carrier E x p re ss , claiming any right, title or interest in or to the Defendant currency are hereby held in default and default judgment is entered against them. 2. T h e United States Marshals Service shall forthwith return $22,350.00 of the D e f en d a n t currency to Alejandro Ponce, Alice N. Canales, and Solution Carrier Express by 3 c h e ck made jointly payable to "Alejandro Ponce, Alice N. Canales, and Solution Carrier E x p re ss , and their Attorney, Thomas R. Goldstein". 3. P u rsu a n t to 21 U.S.C. 881(a)(6), the balance of the Defendant currency, to w it, $21,375.00, is hereby forfeited, condemned, quit-claimed and abandoned to the United S ta te s of America. 4. C lea r title in and to the aforesaid $21,375.00 of the Defendant currency is h e re b y vested in the United States of America, and no other right, title or interest exists th e re in . All other claims in or to said $21,375.00 of the Defendant currency are hereby f o re v e r foreclosed and barred. 5. T h e $21,375.00 of the Defendant currency forfeited herein shall be disposed o f by the United States Marshals Service in accordance with law. IT IS SO ORDERED. s / Terry L. Wooten TERRY L. WOOTEN U N IT E D STATES DISTRICT JUDGE F lo re n c e, South Carolina J u n e 15, 2010 4

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