United States of America v. 12013 in United States Currency

Filing 11

ORDER granting 9 Motion for Default Judgment. Signed by Honorable Henry F Floyd on 9/9/09.(alew, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE DISTRICT OF SOUTH CAROLINA G R E E N V IL L E DIVISION U N IT E D STATES OF AMERICA, ) ) P l a in tif f , ) ) vs. ) ) $ 1 2 , 0 1 3 IN U N I T E D S T A T E S ) C UR REN CY , ) ) D e f e n d a n t. ) C I V IL ACTION NO. 6:09-1638-HFF

O R D E R FOR ENTRY O F DEFAULT JUDGMENT

T h i s in rem forfeiture action was initiated through a Complaint filed on June 19, 2009. It concerns $12,013 in United States Currency ("Defendant property"), which agents of the U n ite d States Secret Service ("Secret Service") seized on January 16, 2009, during the e x e c u tio n of a federal search warrant. The Complaint alleges that the Defendant property c o n stitu te s or is derived from proceeds traceable to violations of 18 U.S.C. §1344 and 18 U .S .C . §1014, and is therefore subject to forfeiture pursuant to 18 U.S.C. §981(a)(1)(C). A n th o n y Grant previously submitted an administrative claim with the Secret Service seeking th e return of the Defendant property, resulting in the filing of the initiation of judicial f o r f e itu r e proceedings. B a se d upon the government's motion seeking default judgment, it appears that the U n ite d States served Anthony Grant with notice of the Complaint on or about June 26, 2009, a n d that neither Grant nor any other person has filed a Claim or Answer in these judicial p ro c e ed in g s relating to the Defendant property. It further appears that a copy of the C o m p la in t and Notice of Judicial Forfeiture Action, among other documents, were served

u p o n Anthony Grant, the only known potential claimant; that publication has been lawfully m a d e in this matter; and, that lawful notice was given accordingly. The Court finds and c o n c lu d e s as follows: 1. la w ; 2. T h a t the $12,013 in United States Currency was lawfully arrested by the United T h a t process was lawfully executed in this action and returned according to

S ta te s Secret Service pursuant to the Warrant of Arrest and Notice in rem issued by this C o u rt; 3. T h a t public notice of this action and of the arrest of the $12,013 in United

S ta te s Currency was lawfully posted on an official internet government forfeiture site; 4. T h a t Anthony Grant, the only known potential claimant, has received notice

o f execution of process in this action; 5. T h a t Anthony Grant has failed to file a Claim and Answer in this action, as

req u ired by Supplemental Rule G(5) for Admiralty or Maritime Claims and Asset Forfeiture A c tio n s ; 6. T h a t no person has filed herein any verified claim or answer within the time

f ix e d by law; and 7. a d m i tte d . T h a t the allegations of the Complaint for Forfeiture in rem are taken as

2

N O W THEREFORE, based upon the above findings, and the Court being otherwise f u lly advised, it is hereby ORDERED, ADJUDGED AND DECREED that: 1. A ll persons claiming any right, title or interest in or to the $12,013 in United

S tate s Currency, including Anthony Grant, are hereby held in default. 2. Default judgment shall be entered by the Clerk of Court against the Defendant

P r o p e r ty and in favor of the United States. 3. P u r s u a n t to 18 U.S.C. §981(a)(1)(C), the $12,013 in United States Currency

is hereby forfeited, condemned, quit-claimed and abandoned to the United States of America. 5. Clear title in and to the $12,013 in United States Currency is vested in the

U n ite d States of America, and no other right, title or interest exists therein. All other claims in the $12,013 in United States Currency are hereby forever foreclosed and barred. 6. The $12,013 in United States Currency forfeited herein shall be disposed of

b y the United States in accordance with law. IT IS SO ORDERED this 9 th day of September, 2009

s /H e n r y F. Floyd H E N R Y F. FLOYD U N IT E D STATES DISTRICT JUDGE S p a rta n b u rg , South Carolina

3