United States of America v. $46,770.50 US Currency et al

Filing 58

DEFAULT JUDGMENT OF FORFEITURE; granting plaintiff's 56 Motion for Entry of Default Judgment of Forfeiture. Signed by Judge Lonny R. Suko. (LE, Case Administrator)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 7 8 9 UNITED STATES OF AMERICA, Plaintiff, 10 11 vs. 12 $46,770.50 U.S. CURRENCY, and 13 $53,229.50 CASHIER’S CHECK, 14 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CV-10-5056-LRS Default Judgment of Forfeiture 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, United States of America filed its Verified Complaint for Forfeiture In Rem on May 20, 2010, for forfeiture of the Defendant property. ECF No. 1. On August 4, 2010, the Customs and Border Protection/Fines, Penalties and Forfeitures Section executed the Warrant of Arrest In Rem. ECF No. 5. On March 31, 2011, Alina Alenberg, Alona Govrin, Doron Serry, Lior Shvartz, Maayan Peer, Neta Raveh, Omer Pikelny, Reut Tsofan, Shelly Vidermann, Shely Kishon, and Yael Oran, were served, at their last known addresses and/or at their attorney’s last known addresses, via certified mail, return receipt requested and/or via international registered mail return receipt requested, with a copy of the Verified Complaint for Forfeiture In Rem, Warrant of Arrest In Rem, and Notices of Complaint for Forfeiture (said notices specifies the claim requirements under Rule G and also specifically states the claim deadline), as reflected in the Certificates of Service of Notice by Mail filed with the Court on January 26, 2012, under the above Default Judgment of Forfeiture - 1 Default Judgment of Forfeiture .wpd 1 cause number. ECF Nos. 7 - 17. Based upon the March 31, 2011, direct notice 2 service date, the last date to file a timely claim was May 5, 2011. ECF Nos. 7-1 - 3 17-1. 4 In accordance with Fed. R. Civ. P. Rule G(4)(a)(iv)(C), Supplemental Rules for 5 Admiralty or Maritime Claims and Asset Forfeiture Actions, notice of civil forfeiture 6 was posted on an official government website, www.forfeiture.gov, beginning 7 January 27, 2012. ECF Nos. 30, 30-1 and 30-2. Based upon the internet publication 8 start date of January 27, 2012, the last date to file a timely claim was March 27, 2012. 9 No valid or timely claim of interest has been received or filed with the Court 10 from Alina Alenberg, Alona Govrin, Doron Serry, Lior Shvartz, Maayan Peer, Neta 11 Raveh, Omer Pikelny, Reut Tsofan, Shelly Vidermann, Shely Kishon, and Yael Oran, 12 or from any other person or entity, and the time allowed for filing of such a claim has 13 expired 14 On February 23, 2012, the United States filed and served its Notice(s)of 15 Motion(s) for Default, upon Alina Alenberg, Alona Govrin, Doron Serry, Lior 16 Shvartz, Maayan Peer, Neta Raveh, Omer Pikelny, Reut Tsofan, Shelly Vidermann, 17 Shely Kishon, and Yael Oran. ECF Nos. 18 - 28. To date, no valid or timely claims 18 or motions have been received from any of the potential claimants. 19 On July 12, 2013, the United States filed and served its Motion for Entry of 20 Default as to Lior Shvartz. ECF No. 31. On July 15, 2013, the Clerk entered a 21 default order as to Lior Shvartz. ECF No. 32. 22 On July 16, 2013, the United States filed and served its Motion(s) for Entry of 23 Default as to Alina Alenberg and Doron Serry. ECF Nos. 34 and 35. On July 17, 24 2013, the Clerk entered default orders as to Alina Alenberg and Doron Serry. ECF 25 Nos. 36 and 37. 26 On July 19, 2013, the United States filed and served its Motion for Entry of 27 Default as to Alona Govrin. ECF No. 38. On July 19, 2013, the Clerk entered a 28 default order as to Alona Govrin. ECF No. 39. Default Judgment of Forfeiture - 2 Default Judgment of Forfeiture .wpd 1 On July 23, 2013, the United States filed and served its Motion for Entry of 2 Default as to Maayan Peer. ECF No. 38. On July 24, 2013, the Clerk entered a 3 default order as to Maayan Peer. ECF No. 43. 4 On July 24, 2013, the United States filed and served its Motion(s) for Entry of 5 Default as to Neta Raveh and Omer Pikelny. ECF Nos. 41 and 42. On July 24, 2013, 6 the Clerk entered default orders as to Neta Raveh and Omer Pikelny. ECF Nos. 44 7 and 45. 8 On August 9, 2013, the United States filed and served its Motion for Entry of 9 Default as to Reut Tsofan. ECF No. 47. On August 9, 2013, the Clerk entered a 10 default order as to Reut Tsofan. ECF No. 48. 11 On August 23, 2013, the United States filed and served its Motion(s) for Entry 12 of Default as to Shelly Vidermann and Yael Oran. ECF Nos. 49 and 50. On August 13 28, 2013, the Clerk entered default orders as to Shelly Vidermann and Yael Oran. 14 ECF Nos. 53 and 54. 15 On August 26, 2013, the United States filed and served its Motion for Entry of 16 Default as to Shely Kishon. ECF No. 51. On July 15, 2013, the Clerk entered a 17 default order as to Shely Kishon. ECF No. 55. 18 Now, therefore on motion by the Plaintiff, United States of America, for a 19 Default Judgment for Forfeiture, it is hereby 20 ORDERED, ADJUDGED and DECREED, as follows: 21 1. Plaintiff’s Motion For Entry Of Default, ECF No. 56, is GRANTED. 22 Pursuant to 8 U.S.C. § 1324(b), the Defendant $46,770.50 U.S. currency, and 23 $53,229.50 cashier’s check, are forfeited to the United States of America, and no 24 right, title, or interest in the Defendant property shall exist in any other person or 25 entity. 26 /// 27 /// 28 /// Default Judgment of Forfeiture - 3 Default Judgment of Forfeiture .wpd 1 2. The Customs and Border Protection/Fines, Penalties and Forfeitures 2 Section shall dispose of the above-described Defendant property in accordance with 3 law. 4 DATED this 24th day of September, 2013. 5 6 s/Lonny R. Suko ______________________________ Lonny R. Suko United States District Judge 7 8 9 Presented by: 10 Michael C. Ormsby United States Attorney 11 s/James A. Goeke 12 James A. Goeke 13 Assistant United States Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Default Judgment of Forfeiture - 4 Default Judgment of Forfeiture .wpd

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?