United States of America v. 28435 dollars in US Currency

Filing 16

CONSENT ORDER OF FORFEITURE. Signed by Honorable R Bryan Harwell on 9/17/2012.(hcic, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
$28,435 IN UNITED STATES
CURRENCY,
Defendant.

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CIVIL ACTION NO. 4:12-994-RBH

CONSENT ORDER OF FORFEITURE
This in rem forfeiture action was filed on April 10, 2012, concerning $28,435 in United
States currency (the “Defendant Currency”) seized on or about September 14, 2011, by the
Darlington County Sheriff’s Office. The seizure was subsequently adopted by United States
Drug Enforcement Administration (“DEA”).
The Government served the known potential claimant, Travious Antwain Smith
(“Claimant”), and his attorney, Rose Mary Parham by providing them with actual notice, as

set forth in the Notice of Judicial Forfeiture filed with the court on April 12, 2012 (Docket
Entry 6). As set forth in the Declaration of Publication filed with the court on May 22, 2012
(Docket Entry 8), and in accordance with Supplemental Rule G(4), Fed.R.Civ.P., notice of
this forfeiture action was published on an official internet government forfeiture site,
“www.forfeiture.gov”, for at least 30 consecutive days, beginning on April 13, 2012, and
ending on May 12, 2012. Any person claiming an interest in the Defendant Currency was
required to file a claim within sixty days after the first date of such publication (by June 12,

Order, p. 1 of 3

2012). 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.
The United States and Travious Antwain Smith have reached the following settlement.
First, $12,000 of the Defendant Currency is to be returned to Travious Antwain Smith by the
United States issuing an electronic funds transfer payment in that amount to “Parham Law

Firm, LLC IOLTA Account.”1 Second, the balance of the Defendant Currency, to wit,
$16,435, is to be found and held forfeited, condemned, quit-claimed and abandoned to the
United States, and shall be disposed of by the United States pursuant to law as a forfeited
asset.
The parties agree that each side shall bear its own costs.
NOW THEREFORE, the Court being fully advised, and based on the Stipulation for
Compromise Settlement, which is incorporated herein by reference, it is

1

Federal law, codified at 31 U.S.C. § 3716 (the “Debt Collection Improvement Act
of 1996"), requires the Department of the Treasury and other disbursing officials to offset
Federal payments to collect delinquent tax and non-tax debts owed to the United States,
and to individual states. If an offset is made to the payment to be made pursuant to this
Order of the Court, Claimants will receive a notification from the Department of the
Treasury at the last address provided by Claimants to the governmental agency or entity
to whom the offset payment is made. The terms of the settlement specifically do not affect
the tax obligations fines, penalties, or any other monetary obligations the Claimants owe
to the United States or an individual state, and in fact, are intended to satisfy such a tax
obligations. Therefore, the exact sum delivered to Counsel, on behalf of his clients, may
well be a lesser sum, if the Treasury Offset Program reduces the amount in satisfaction of
a debt obligation.
Order, p. 2 of 3

ORDERED, ADJUDGED, AND DECREED, that:
1.

All persons and entities other than Travious Antwain Smith 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.

Subject to reduction by any offset through the Treasury Offset Program, the

United States Marshals Service shall return $12,000 of the Defendant Currency to Travious
Antwain Smith by electronic funds transfer payment from the United States to “Parham

Law Firm, LLC IOLTA Account.”
3.

Pursuant to 21 U.S.C. § 881(a)(6), the balance of the Defendant Currency, to

wit, $16,435, is hereby forfeited, condemned, quit-claimed and abandoned to the United
States of America.
4.

Clear title in and to the aforesaid $16,435 of the Defendant Currency is hereby

vested in the United States of America, and no other right, title or interest exists therein. All
other claims in or to said $16,435 of the Defendant Currency are hereby forever foreclosed
and barred.
5.

The $16,435 of the Defendant Currency forfeited herein shall be disposed of

by the Government in accordance with law.
SO ORDERED this 17th day of September, 2012.

s/R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina

Order, p. 3 of 3