United States of America v. $344,226 United States Currency

Filing 6

ORDER: Plaintiff's Application to Clerk for Entry of Default as to Jie Wang, John Edward Minter, III, and all other persons and entities, who may claim an interest in $344,226.00 United States Currency 4 , is GRANTED. Signed by Lynda M. Hill on 11/26/2024.(xc: Order forwarded to Jie Wang and John Minter, III by certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
$344,226.00 UNITED STATES CURRENCY,
Defendant.

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Case No. 3:24-cv-00222
Judge Waverly D. Crenshaw, Jr.

ENTRY OF DEFAULT

Pending is Plaintiff’s Application for Entry of Default as to Jie Wang, John Edward
Minter, III, and all other persons and entities, who may claim an interest in $344,226.00 United
States Currency (“Defendant Property”) pursuant to Rule 55(a) of the Federal Rules of Civil
Procedure. (Doc. No. 4). For the following reasons, Plaintiff’s Application is GRANTED.
Plaintiff filed the Verified Complaint In Rem on February 28, 2024, seeking forfeiture
of the Defendant Property pursuant to 21 U.S.C. § 881(a)(6). (Doc. No. 1). Plaintiff filed the
pending Application for Entry of Default on July 24, 2024. (Doc. No. 4).
Pursuant to Local Rule 55.01, motions for entry of default under Fed. R. Civ. P. 55(a)
must be accompanied by an unsworn declaration under penalty of perjury under 28 U.S.C. §
1746 verifying: (i) proof of service; (ii) the opposing party’s failure to plead or otherwise defend;
(iii) if the opposing party is an individual, that the opposing party is not a minor or incompetent
person; and, (iv) if the opposing party is an individual, that the opposing party is not in the
military service, as required by 50 U.S.C. § 3931(b)(1). In support of its Application, Plaintiff
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filed the Declaration of Paralegal Veronica Lane. (Doc. No. 4-1).
Pursuant to Rule G of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions (“Supplemental Rules”), the United States is required to give both
general notice of this In Rem action to the public as well as direct notice to any known potential
claimants. The United States may satisfy the public notice requirements of Fed. R. Civ. P. Supp.
R. G(4)(a)(iv)(C) with publication “on an official internet government forfeiture site for at least
30 consecutive days.” Direct notice “must be sent by means reasonably calculated to reach the
potential claimant.” Fed. R. Civ. P. Supp. G(4)(b)(iii)(A). “Actual notice, however, is not
required. Instead, the Government must show a reasonable attempt to provide actual notice.”
United States v. Mayes, No. 3:14-CR-147-TAV-DCP, 2018 WL 3602971, at *5 (E.D. Tenn. July
5, 2018), report and recommendation adopted, No. 3:14-CR-147-TAV-DCP, 2018 WL 3594986
(E.D. Tenn. July 26, 2018) (internal citations omitted). “‘Notice by mail is ordinarily presumed
to be adequate.’” United States v. Hughley, No. 1:04-CR-14-002, 2007 WL 9706622, at *2 (E.D.
Tenn. Oct. 1, 2007) citing Dusenberry v. United States, 534 U.S. 161 (2002). Notice may be
sent to either the claimant or the attorney representing him or her with respect to the forfeiture
or a related proceeding. Fed. R. Civ. P. Supp. G(4)(b)(iii)(B). “The adequacy of notice is
measured at the time the notice was sent.” United States v. Latham, 54 F. App'x 441, 444 (6th
Cir. 2002).
With regard to direct notice, Ms. Lane declares that notice, as prescribed by Fed. R. Civ.
P. Sup. G(4)(b), was provided to Mr. Wang and Mr. Minter, via certified mail, return receipt
requested. The parcels were sent on March 14, 2024. (Doc. Nos. 4-1 at ¶ 4). Two certified parcels
were sent to Mr. Wang at different addresses. The parcels were delivered on March 21, 2024
and March 25, 2024. Id. The certified parcel sent to Mr. Minter was returned as “unclaimed.”
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Id.
With regard to general notice, Ms. Lane declares that publication of the Notice of Judicial
Forfeiture Proceedings was made online at www.forfeiture.gov, the official internet government
forfeiture site, for 30 consecutive days beginning on March 15, 2024, and ending on April 13,
2024. (Doc. Nos. 4-2 and 4-3). Pursuant to Supplemental Rule G(5)(a)(ii)(B), all persons
receiving notice by publication must file a claim “no later than 60 days after the first day of
publication on an official internet government forfeiture site.”
More than 60 days have passed since the first day of publication of the notice on the
official government internet web site, and no person or entity has filed a claim or answer, or
otherwise made an appearance in this action. The time for filing a claim pursuant to Rule G(5)
of the Supplemental Rules has expired.
Pursuant to Local Rule 55.01, Ms. Lane further declares that neither Mr. Wang nor Mr.
Minter is a minor, an incapacitated person, or a member of the military service. (Doc. Nos. 4-1
at ¶¶ 5 and 6, and Doc. No. 6-4.).
For the reasons stated herein, Plaintiff’s Application to Clerk for Entry of Default as to
Jie Wang, John Edward Minter, III, and all other persons and entities, who may claim an interest
in $344,226.00 United States Currency (Doc. No. 4), is GRANTED.

s/ Lynda M. Hill
Lynda M. Hill
Clerk of Court

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