United States of America v. 38320 dollars in US Currency
Filing
11
ORDER granting 10 Motion for Default Judgment. Signed by Honorable R Bryan Harwell on 2/21/2012.(hcic, )
`IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
$38,320 IN
CURRENCY,
UNITED
STATES
Defendant In Rem.
) CIVIL ACTION NO.: 4:11-3037-RBH
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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 8, 2011. It concerns $38,320 in United States
currency (the “Defendant Currency”), which was seized on May 13, 2011, by the United
States Customs and Border Protection Service. 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, Juventino Luna-Tome, Luis
Lopez, Juan Lopez, and Maria Delcarmen Ramirez-Silva, pursuant to Supplemental Rule
G(4)(b), Fed.R.Civ.P.; that none of the known potential claimants is serving in the armed
forces of the United States, and that none is an infant or incompetent person; that
Order, p. 1 of 3
publication was lawfully made in this matter; that lawful notice was given to all potential
claimants to the Defendant Currency, known or unknown, either through direct notice or by
publication; 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
2.
That the Defendant Currency was lawfully arrested pursuant to the warrant
law;
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 Luna-Tome, Luis Lopez, Juan Lopez, and Ramirez-Silva , the known
potential claimants, have received direct notice of this forfeiture action, pursuant to Rule
G(4)(b);
5.
That Luna-Tome, Luis Lopez, Juan Lopez, and Ramirez-Silva have failed to
file a claim, answer, or other responsive pleading, as required by Rule G(5);
6.
That none of the known potential claimants is serving in the armed forces of
the United States, and that none is an infant or incompetent person;
7.
The other potential claimants were duly notified of the proposed forfeiture
through publication, pursuant to Rule G(4)(a); and,
Order, p. 2 of 3
8.
That no other person or entity has filed a claim, answer, or other responsive
pleading within the time fixed by law.
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
981(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.
Florence, SC
February 21, 2012
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Order, p. 3 of 3
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