United States of America v. $5,869.00 US Currency et al

Filing 40

FINAL ORDER OF FORFEITURE. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,
NO: 2:13-CV-430-RMP
Plaintiff,

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v.

FINAL ORDER OF FORFEITURE

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$5,869.00 U.S. CURRENCY; and
$27,711.90 U.S. FUNDS FROM JP
MORGAN CHASE BANK
ACCOUNT NO.: XXXXXX0609 and
XXXXXX7565,

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Defendants.
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BEFORE THE COURT is a Motion for Forfeiture of Property by Plaintiff

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United States, ECF No. 39. Plaintiff alleged in a Verified Complaint for Forfeiture

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In Rem that the Defendants captioned above are subject to forfeiture to the United

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States pursuant to pursuant to 18 U.S.C. § 981(a)(1)(C). ECF No. 1. Having

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considered the motion and the remaining record, the Court grants the motion and

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issues a final order of forfeiture regarding the subject property.

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The Court has jurisdiction over this matter by virtue of 28 U.S.C. § 1345 and
1355. Venue is proper pursuant to 28 U.S.C. § 1355.
FINAL ORDER OF FORFEITURE ~ 1

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The Defendant property being sought for forfeiture is described as follows:
a. $671.00 U.S. currency seized by U.S. Secret Service
(“USSS”), on or about July 9, 2013, from Perry Hico Market
in Spokane, Washington, pursuant to a federal search warrant.
b. $763.00 U.S. currency seized by USSS, on or about July 9,
2013, from Mewael Habte, from his residence in Spokane,
Washington, pursuant to a federal search warrant.
c. $4,435.00 U.S. currency seized by USSS, on or about July 9,
2013, from Thor Hico Market in Spokane, Washington,
pursuant to a federal search warrant.
d. $27,711.90 U.S. funds seized by USSS, on or about July 9,
2013, from JPMorgan Chase Bank in Spokane, Washington,
from Account No.: XXXXXX0609 held in the name of
Mawael Habte dba Mo Market; and, Account No.:
XXXXXX7565 held in the name of Mak & Mo, LLC, dba
Hico Market, pursuant to federal seizure warrants.

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The Court refers to the above-described property, collectively, as
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“Defendant property”.
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On March 27, 2014, the USSS executed the Warrant of Arrest In Rem. The
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returned warrant was filed with the Court under the above cause number on April
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15, 2014. ECF No. 5.
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In accordance with Fed. R. Civ. P. Rule G(4)(a)(iv)(C), Supplemental Rules
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for Admiralty or Maritime Claims and Asset Forfeiture Actions, notice of civil
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forfeiture was posted on an official government website, www.forfeiture.gov,
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beginning on January 5, 2014, and ending February 3, 2014. ECF Nos. 22, 22-1 and
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22-2. Based upon the internet publication start date of January 5, 2014, the last date
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to file a timely claim, if direct notice was not received, was March 6, 2014. See

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ECF No. 22-2 at 1; Fed. R. Civ. P. Rule G(5), Supplemental Rules for Admiralty or

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Maritime Claims and Asset Forfeiture Actions. To date, no claims have been

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received or filed pursuant to the internet posting.

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On or about April 18, 2014, the United States sent a copy of the Verified

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Complaint for Forfeiture In Rem, ECF No. 1, Warrant of Arrest In Rem, ECF No.

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5, and Notice of Complaint for Forfeiture, ECF No. 17-1, to known potential

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claimant MEKONNEN TEKLE GEBRE, via certified mail, return receipt

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requested, to his last known address. ECF Nos. 17 and 17-1; Fed. R. Civ. P. Rule

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G(4)(b), Supplemental Rules for Admiralty or Maritime Claims and Asset

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Forfeiture Actions. Based upon the direct notice service date of April 18, 2014, his

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claim deadline was May 23, 2014. To date, no claim of interest has been received

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or filed with the Court, and the time allowed for filing his claim has expired.

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On August 9, 2017, the United States filed its Notice of Default, ECF No.

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34, which was served via certified mail upon MEKONNEN TEKLE GEBRE in the

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care of Attorney Mark D. Hodgson, who represents Mr. Gebre in the related

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Eastern District of Washington criminal case, United States v. Mekonnen T. Gebre,

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Cause No. 2:17-CR-51-JLQ. On September 12, 2017, the United States filed its

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Motion for Entry of Default, ECF No. 35, which was served via regular, first-class

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U.S. mail, upon MEKONNEN TEKLE GEBRE in the care of Attorney Mark D.

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Hodgson. To date, no response has been received from Mr. Gebre. On September
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13, 2017, a Clerk’s Order of Default, ECF No. 36, was entered as to Mr. Gebre’s

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potential interest in the Defendant property.

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On or about April 18, 2014, the United States sent a copy of the Verified

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Complaint for Forfeiture In Rem, ECF No. 1, Warrant of Arrest In Rem, ECF No. 5,

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and Notice of Complaint for Forfeiture, ECF No. 18-1, to known potential claimant

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MAWAEL HABTE, via certified mail, return receipt requested, to his last known

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address and in the care of Attorney Robert Cossey. ECF Nos. 18 and 18-1. In

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addition, on or about April 18, 2014, copies of Verified Complaint for Forfeiture In

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Rem, ECF No. 1, Warrant of Arrest In Rem, ECF No. 5, and Notice of Complaint for

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Forfeiture, were sent via certified mail, return receipt requested, to the Perry Hico

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Market and the Thor Hico Market. ECF Nos. 20, 20-1, 21, and 21-1. Plaintiff

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represents that MAWAEL HABTE is the owner of the two markets. On May 23,

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2014, MAWAEL HABTE filed a Claim, ECF No. 8. On June 16, 2014, MAWAEL

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HABTE filed an Answer. ECF No. 10. On August 8, 2017, MEWAEL HABTE

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aka MAWAEL HABTE signed a Stipulation to Withdraw Claim and for Entry of an

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Order of Forfeiture, filed herein on September 28, 2017. ECF No. 37.

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On or about April 18, 2014, the United States sent a copy of Verified

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Complaint for Forfeiture In Rem (ECF No. 1), Warrant of Arrest In Rem (ECF No.

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5), and Notice of Complaint for Forfeiture (ECF No. 19-1), to known potential

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claimant FEVAN NEGASH, via certified mail, return receipt requested, to her last

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known address (ECF No. 19 and 19-1). On May 23, 2014, FEVEN NEGASH filed
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a Claim (ECF No. 9). On June 16, 2014, FEVEN NEGASH filed an Answer. ECF

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No. 11. On August 8, 2017, FEVEN NEGASH signed a Stipulation to Withdraw

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Claim and for Entry of an Order of Forfeiture, filed herein on September 28, 2017.

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ECF No. 38.

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No other claims to the Defendant property, timely or otherwise, have been

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received or filed with the Court, and the deadlines for filing claims have passed.

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Claims to the Defendant property have been resolved as described herein.

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It appearing to the Court that and any all claimant interests or potential

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interests in the Defendant property have been resolved;
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED the

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United States’ Motion for Entry of Final Order of Forfeiture, ECF No. 39, is

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GRANTED, and the Defendant property described as follows is hereby forfeited

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to the United States of America, and no right, title, or interest shall exist in any

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other person.

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a. $671.00 U.S. currency seized by USSS, on or about July 9,
2013, from Perry Hico Market in Spokane, Washington,
pursuant to a federal search warrant.
b. $763.00 U.S. currency seized by USSS, on or about July 9,
2013, from Mewael Habte, from his residence in Spokane,
Washington, pursuant to a federal search warrant.
c. $4,435.00 U.S. currency seized by USSS, on or about July 9,
2013, from Thor Hico Market in Spokane, Washington,
pursuant to a federal search warrant.
d. $27,711.90 U.S. funds seized by USSS, on or about July 9,
2013, from JPMorgan Chase Bank in Spokane, Washington,
FINAL ORDER OF FORFEITURE ~ 5

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from Account No.: XXXXXX0609 held in the name of
Mawael Habte dba Mo Market; and, Account No.:
XXXXXX7565 held in the name of Mak & Mo, LLC, dba
Hico Market, pursuant to federal seizure warrants.

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The telephonic status conference set for November 9, 2017, shall be
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STRICKEN.
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IT IS FURTHER ORDERED that the United States Secret Service shall
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dispose of the forfeited Defendant property described herein in accordance with
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law.
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IT IS FURTHER ORDERED that the United States District Court shall
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retain jurisdiction in the case for the purpose of enforcing or amending this order.
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The District Court Clerk is directed to enter this Order and provide copies to
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counsel, and close this case.
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DATED October 20, 2017.
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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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