United States of America v. $7,604.00 US Currency et al

Filing 15

ORDER granting govt's 14 Motion to Dismiss claims of Alma Gonzalez and Eulalio Lemus-Montelongo and Default Judgment order of forfeiture by Judge Ricardo S Martinez.cc 6 certif USMO (RS)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Judge Ricardo S. Martinez UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE UNITED STATES OF AMERICA, Plaintiff, v. $7,604 IN U.S. CURRENCY, and $42,050.44 IN U.S. CURRENCY, more or less, and all proceeds therefrom, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) NO. C06-1712RSM ORDER DISMISSING CLAIMS OF EULALIO LEMUS-MONTELONGO AND ALMA GONZALEZ, AND DEFAULT JUDGMENT OF FORFEITURE Plaintiff, United States of America, filed its Verified Complaint for Forfeiture In Rem against $7,604 in U.S. Currency and $42,050.44 in U.S. Currency, more or less, and all proceeds therefrom ("defendant currency") on November 27, 2006, pursuant to Title 21, United States Code, Section 881(a)(6) for violations of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846. On February 26, 2007, Plaintiff sent the Notice of Complaint for Forfeiture in Rem and copies of the Verified Complaint of Forfeiture and Warrant for Arrest in Rem via registered mail, to attorney George Paul Trejo, Jr., counsel for Eulalio LemusMontelongo. The Notice of Complaint detailed the requirements for properly filing a statement of interest. ORDER DISMISSING CLAIMS AND DEFAULT JUDGMENT OF FORFEITURE - 1 U.S. v. $7,604.00 IN US CURRENCY and $42,050.44 IN US CURRENCY (C06-1712RSM) UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101-1271 (206) 553-7970 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 7, 2007, Attorney George Paul Trejo, Jr. filed two Notices of Appearance as to the defendant currency. In each notice, Mr. Trejo, Jr. stated that he was the attorney for Eulalio Lemus-Montelongo and Alma Gonzalez. On March 7, 2007, Mr. Trejo, Jr. also filed two Notices of Claim on Notice of Appearance form paper. Both notices introduced the claims of Eulalio LemusMontelongo and Alma Gonzalez. Neither claim was signed by either potential claimant, and only signed by George Paul Trejo, Jr. No Answer was filed after these claims were filed. On March 8, 2007, the United States Marshals Service perfected personal service of the Complaint for Forfeiture In Rem upon Eulalio Monte-Longo. Notice of the forfeiture action was published on March 14, March 21 and March 28, 2007, in The Daily Journal of Commerce. All interested persons were advised to file their claims pursuant to Supplemental Rule C(6)(a) of the Federal Rules of Civil Procedure which has since been replaced by Supplemental Rule G(5). On November 19, 2007, Eulalio Lemus-Montelongo, Pro Se, filed a motion for a claim of property with the Court which was denied for failure to state a basis for the relief requested and for being in violation of his Plea Agreement filed in a parallel criminal case, Case No. CR06-198RSL. No other parties have come forward to file a verified claim to the defendant currency or filed a timely answer asserting any affirmative defenses to the government's verified complaint for forfeiture and the time for doing so has passed. Now, therefore, on the unopposed motion of the Plaintiff, the United States of America, to dismiss the claims of Eulalio Lemus-Montelongo and Alma Gonzalez and for the entry of a Default Judgment of Forfeiture, it is hereby // // ORDER DISMISSING CLAIMS AND DEFAULT JUDGMENT OF FORFEITURE - 2 U.S. v. $7,604.00 IN US CURRENCY and $42,050.44 IN US CURRENCY (C06-1712RSM) UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101-1271 (206) 553-7970 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDERED, ADJUDGED and DECREED as follows: 1. This Court has jurisdiction over this action under Title 28, United States Code, Sections 1345 and 1355 and venue pursuant to Title 28, United States Code, Section 1395. 2. The claims of Eulalio Lemus-Montelongo and Alma Gonzalez filed by counsel, Georgre Trejo, are dismissed for failing to meet and comply with the minimum pleading requirements set forth in Supplemental Rule G(5) of the Federal Rules of Civil Procedure, consequently failing to confer standing to either party to contest the forfeiture of the defendant currency. 3. The defendant United States currency is hereby forfeited to the United States of America, and no right, title or interest in the defendant currency shall exist in any other party. 3. The United States Marshals Service shall dispose of the above-described currency in accordance with law. 4. The Clerk of the Court shall deliver six (6) "raised seal," certified copies of the Default Judgment of Forfeiture to the United States Marshals Service in Seattle, Washington. DATED this 25th day of June, 2009. A Presented by: s/ Richard E. Cohen RICHARD E. COHEN Assistant United States Attorney United States Attorney's Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Telephone: 206-553-2242 Fax No.: 206-553-6934 E-Mail: Richard.E.Cohen@usdoj.gov RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE ORDER DISMISSING CLAIMS AND DEFAULT JUDGMENT OF FORFEITURE - 3 U.S. v. $7,604.00 IN US CURRENCY and $42,050.44 IN US CURRENCY (C06-1712RSM) UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101-1271 (206) 553-7970

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