United States of America v. Taurus Model PT24/7 Pro .40 caliber pistol, serial number SCW26844

Filing 9

DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE. Signed by District Judge Aleta A. Trauger on 1/10/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
TAURUS MODEL PT24/7 PRO .40
CALIBER PISTOL, SERIAL NUMBER
SCW26844,
Defendant.

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CIVIL NO. 3:12-cv-01002
JUDGE TRAUGER

DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE
Plaintiff, United States of America, pursuant to Rule 55(b)(2) of the Federal Rules of
Civil Procedure, has moved for a Default Judgment and Final Order of Forfeiture forfeiting the
Defendant Property in the above-captioned case to the United States of America.
On October 1, 2012, the United States of America filed a Verified Complaint In Rem
seeking forfeiture of the above-captioned Defendant Property, alleging that the Defendant
Property is subject to forfeiture pursuant to 18 U.S.C. § 924(d), because it constituted property
involved in or used in a knowing violation of 18 U.S.C. § 922(g).
Based upon the facts contained in the Affidavit filed in support of the Verified Complaint
in Rem, the Government has established, by a preponderance of the evidence, the requisite nexus
between the Defendant Property and the offenses alleged in the Verified Complaint In Rem.

Pursuant to Summons and Warrant for Arrest In Rem issued by the Clerk of this Court
on October 1, 2012, the Bureau of Alcohol, Firearms, and Explosives seized the Defendant
Property on October 22, 2012.
On October 15, 2012, a copy of the Verified Complaint In Rem and Notice of Judicial
Forfeiture Proceedings was sent to Alexis Jones via regular mail and certified mail.
On December 3, 2012, the direct notice of judicial forfeiture sent to Alexis Jones via
certified mail was returned to sender as unclaimed. However, the direct notice of judicial
forfeiture sent to Alexis Jones via regular mail was not returned.
Pursuant to the Notice of Judicial Forfeiture Proceedings, all persons claiming an interest
in Defendant Property were required to file their verified claims with the Clerk of this Court
within thirty-five (35) days from service of the Verified Complaint In Rem, and Notice of
Judicial Forfeiture.
Public notice to all persons of said forfeiture action was also advertised on-line at
“www.forfeiture.gov,” the official internet government forfeiture site, for 30 consecutive days
beginning on October 3, 2012 and ending on November 1, 2012.
Pursuant to said notice, all persons claiming an interest in Defendant Property were
required to file their verified claims with the Clerk of this Court within sixty (60) days from the
first date of publication of the Notice.
No person or entity has filed a Verified Claim within the time permitted by Title 18,
United States Code, Section 983(a)(4)(A), and Rule G(5) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure.

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On December 31, 2012, the Clerk of this Court has entered a default as to all persons and
entities claiming an interest in Defendant Property. Based on the pleadings of this case, Alexis
Jones is not an infant or incapacitated and is not in the military service of the United States,
within the meaning of the War and National Defense Service Members Civil Relief Act, 50 App.
U.S.C. § 521.
The United States has now moved for entry of a Default Judgment and Final Order of
Forfeiture, and this Court is of the opinion that the Motion of the United States should be granted
and Default Judgment be entered as to all persons or entities who may claim to have an interest
in the Defendant Property. The Court finds by a preponderance of the evidence that the Verified
Complaint for Forfeiture establishes that the Defendant Property was involved in or used in a
knowing violation of 18 U.S.C. § 922(g), and is, therefore, subject to seizure and forfeiture under
the provisions of 18 U.S.C. § 924(d), and, therefore, a Final Order of Forfeiture should be
entered.
The Motion of the United States for Default Judgment and Final Order of Forfeiture is
hereby GRANTED. Therefore, it is hereby
ORDERED, ADJUDGED AND DECREED that:
1.

A Judgment by Default is hereby entered as to Alexis Jones and all other persons

or entities with respect to any interest they may have in the Defendant Property.
2.

The government has established, through the facts set forth in the Complaint and

Affidavit, by a preponderance of the evidence that there is a nexus between the Defendant
Property and the offense alleged in the Verified Complaint In Rem such that the Defendant
Property is subject to forfeiture pursuant to 18 U.S.C. § 924(d).
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3.

The Defendant Property more particularly described as one Taurus Model PT24/7

Pro .40 Caliber Pistol, Serial Number SCW26844, is hereby forfeited to the United States of
America, and all right, title and interest in and to said property is hereby vested in the United
States of America, pursuant to 18 U.S.C. § 924(d).
4.

Any and all interest, right or title that Alexis Jones may have in the Defendant

Property is hereby extinguished.
5.

The Bureau of Alcohol, Firearms, and Explosives, as custodian of said forfeited

property, shall dispose of the same according to law.
6.

The Clerk of this Court shall provide the United States Attorney’s Office with

three certified copies of this order.
January
Dated on this, the 10th day of ______________, 2013.

_______________________________
ALETA A. TRAUGER
UNITED STATES DISTRICT JUDGE

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