United States of America v. Approximately $17,242.30 U.S. Currency

Filing 31

FINAL ORDER OF FORFEITURE - granted 30 MOTION for Forfeiture of Property RE Entry of a Final Order of Forfeiture filed by United States of America. Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Sep 27, 2017
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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SEAN F. MCAVOY, CLERK

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UNITED STATES OF AMERICA,

No. 2:17-CV-0097-SMJ

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Plaintiff,
FINAL ORDER OF FORFEITURE

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v.
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APPROXIMATELY $17,242.30 U.S.
CURRENCY,
Defendant.

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Before the Court, without oral argument, is the United States of America’s
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Motion for Entry of a Final Order of Forfeiture. ECF No. 30. The defendants in the
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related criminal case, United States v. Sutton, No. 2:16-cr-00136-SMJ (E.D.
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Wash.), have entered into plea agreements with the government in that matter, and
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they stipulate that the currency at issue here is subject to civil forfeiture pursuant to
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21 U.S.C. § 881. ECF No. 30-1, 30-2. Having considered the pleadings and file in
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this matter, the Court is fully informed and GRANTS the United States’ motion
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and enters the following Final Order of Forfeiture:
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Plaintiff, the United States of America, alleged in a Verified Complaint for
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Forfeiture In Rem and in an Amended Verified Complaint for Forfeiture In Rem
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FINAL ORDER
OF FORFEITURE - 1

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that the Defendant currency captioned above is subject to forfeiture to the United

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States pursuant to 21 U.S.C. § 881. ECF No. 1 and 2

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The Court has jurisdiction over this matter by virtue of 28 U.S.C. § 1355
and 1355. Venue is proper pursuant to 28 U.S.C. § 1355.

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The Defendant property being sought for forfeiture is described as follows:

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1) Approximately $344.30 U.S. currency seized on or about
September 15, 2016, by the Federal Bureau of Investigation; and,

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2) Approximately $278.00 and $16,620.00 U.S. currency seized on
or about September 23, 2016, by the Federal Bureau of
Investigation.

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On March 22, 2017, the United States Marshals Service executed the

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Warrant of Arrest In Rem. The returned warrant was filed with the Court under the

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above cause number on March 22, 2017. ECF No. 6.

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In accordance with Federal Rule of Civil Procedure G(4)(a)(iv)(C),

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Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture

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Actions, notice of civil forfeiture was posted on an official government website

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www.forfeiture.gov beginning March 23, 2017 and running through April 21,

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2017. ECF No. 12, 12-1 and 12-2. Based upon the internet publication start date of

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March 23, 2017, the last date to file a timely claim if direct notice was not

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received was May 22, 2017.

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On March 23, 2017, KENNETH L. STONE was sent a copy of the Verified
Complaint for Forfeiture In Rem, ECF No. 1, the Amended Verified Complaint
FINAL ORDER
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for Forfeiture In Rem, ECF No. 2, the executed Warrant of Arrest In Rem, ECF

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No. 6, and Notice of Complaint for Forfeiture, via certified mail, return receipt

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requested, at his last known address and in care of his attorney. ECF No. 10 & 10-

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1. On April 27, 2017, STONE filed an Answer. ECF No. 7. On June 2, 2017,

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STONE filed a late Claim. ECF No. 19.

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On July 25, 2017, KENNETH L. STONE entered into a Plea Agreement in

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the Eastern District of Washington related criminal case United States v. Kenneth

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L. Stone, Case No.: 2:16-CR-136-SMJ-2. ECF No. 145. In his Plea Agreement,

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STONE acknowledged that the United States would meet its burden to prove that

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the currency is subject to forfeiture as property either facilitating illegal conduct or

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it represents proceeds obtained in violation of 21 U.S.C. § 841 and is forfeitable

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under 21 U.S.C. § 881. Id. at ¶ 14. In addition, STONE agreed to voluntarily

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forfeit and relinquish any and all right, title and interest he has in the currency to

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the United States. He also agreed not to contest the civil judicial forfeiture of the

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currency and to sign a stipulation withdrawing any claim and/or answer filed in

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this civil forfeiture action.

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On March 23, 2017, CHERYL SUTTON was sent a copy of the Verified

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Complaint for Forfeiture In Rem, ECF No. 1, the Amended Verified Complaint

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for Forfeiture In Rem, ECF No. 2, the executed Warrant of Arrest In Rem, ECF

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No. 6, and Notice of Complaint for Forfeiture, via certified mail, return receipt

FINAL ORDER
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requested, at her last known address and in care of her attorney. ECF No. 11 and

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11-1. On April 27, 2017, SUTTON filed an Answer, ECF No. 7. To date, no claim

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has been received from SUTTON.

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On July 25, 2017, CHERYL L. SUTTON entered into a Plea Agreement in

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the Eastern District of Washington related criminal case United States v. Cheryl L.

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Sutton, Case No.: 2:16-CR-136-SMJ-1. ECF No. 144. In her Plea Agreement,

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SUTTON acknowledged that the United States would meet its burden to prove

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that the currency is subject to forfeiture as property either facilitating illegal

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conduct or it represents proceeds obtained in violation of 21 U.S.C. § 841 and is

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forfeitable under 21 U.S.C. § 881. Id. at ¶ 14. In addition, SUTTON agreed to

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voluntarily forfeit and relinquish any and all right, title and interest she has in the

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currency to the United States. She also agreed not to contest the civil judicial

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forfeiture of the currency and to sign a stipulation withdrawing any claim and/or

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answer filed in this civil forfeiture action.

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No other timely claims to the Defendant currency have been received or
filed with the Court, and the deadline for filing timely claims has passed.

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Claim(s) to the Defendant currency have been resolved as described herein.

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It appearing to the Court that the claimants interest(s) in the Defendant

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currency have been resolved, IT IS HEREBY ORDERED:

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FINAL ORDER
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1.

The Defendant currency described as follows is hereby forfeited to the

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

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any other person.

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A.

Approximately $344.30 U.S. currency seized on or about

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September 15, 2016, by the Federal Bureau of Investigation;

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and,
B.

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Approximately $278.00 and $16,620.00 U.S. currency seized on

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or about September 23, 2016, by the Federal Bureau of

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Investigation.

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2.

currency described herein in accordance with law.

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The United States Marshals Service shall dispose of the forfeited

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This Court shall retain jurisdiction in the case for the purpose of
enforcing or amending this order.

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4.

The Clerk’s office shall CLOSE this case.

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5.

All deadlines and hearings set in this matter are STRICKEN.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

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provide copies to all counsel.
DATED this 27th day of September 2017.
__________________________
SALVADOR MENDOZA, JR.
United States District Judge

FINAL ORDER
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