United States of America v. $10,000.00 in United States Currency

Filing 20

JUDGMENT OF FORFEITURE re United States' 19 Motion for Forfeiture of Property, signed by Judge Richard A Jones. (SWT)

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1 Judge Richard A. Jones 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 UNITED STATES OF AMERICA, 11 Plaintiff 12 13 14 v. CASE NO. C11-1715RAJ [Proposed] JUDGMENT OF FORFEITURE $10,000, MORE OR LESS, IN UNITED STATES CURRENCY 15 Defendant. 16 17 18 THIS MATTER comes before the Court on the United States’ Motion for 19 Judgment of Forfeiture (“Motion”) of the Defendant $10,000 in U.S. currency (the 20 “Defendant Currency”). The Court, having reviewed the record, FINDS: 21 The United States filed a Verified Complaint for Forfeiture in Rem on October 14, 22 2011. The Complaint alleged that the above-captioned Defendant Currency constituted 23 or derived from proceeds traceable to the crime of Use of Interstate Commerce Facilities 24 in the Commission of Murder-for-Hire, in violation of 18 U.S.C. § 1958, which is a 25 “specified unlawful activity” under 18 U.S.C. § 1956(c)(7)(A); therefore, the Defendant 26 Currency is subject to forfeiture to the United States pursuant to 18 U.S.C. § 27 981(a)(1)(C). 28 Judgment of Forfeiture, C11-1715RAJ - 1 UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970 1 On October 14, 2011, the United States filed a Notice of Complaint for Forfeiture 2 in Rem in which interested persons were advised to file their claims pursuant to 3 Supplemental Rule G(5) of the Federal Rules of Civil Procedure with the Clerk of the 4 Court within thirty-five (35) days after the date of service of the Complaint and to serve 5 their Answers to the Complaint within twenty-one (21) days after filing a claim. 6 Notice of this forfeiture action was published on an official government website, 7 www.forfeiture.gov, for at least 30 consecutive days, as required by Rule G(4)(a)(iv)(C) 8 of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture 9 Actions, beginning on October 19, 2011. Interested persons were advised to file their 10 claims pursuant to Supplemental Rule G(5) with the Clerk of the Court within 60 days 11 after the first date of publication and to serve their Answers to the Complaint within 21 12 days after filing a claim. 13 Additionally, notice was effected on a known potential claimant, Dr. Michael 14 Mockovak, pursuant to the Federal Rules of Civil Procedure Supplemental Rule 15 G(4)(b)(iii)(B) by mailing copies to him and his attorney of the Verified Complaint for 16 Forfeiture in Rem, Notice of Complaint for Forfeiture in Rem, and Warrant of Arrest in 17 Rem. 18 On November 28, 2011, Claimant Dr. Michael Mockovak filed a Claim and an 19 Answer to the Complaint. See Dkt. 5. 20 No other claims to the Defendant Currency were filed, and the time for doing so 21 has expired. See Fed. R. Civ. P., Supp. R. G(5)(a)(ii). 22 On January 17, 2012, on the joint motion of the parties, the Court stayed this case 23 pending disposition of the appeal in the related state criminal action. See State of 24 Washington v. Michael Emeric Mockovak, Case No. 66924-9-1, Washington Court of 25 Appeals, Division One. 26 The Court reopened this case on November 7, 2017, upon the joint motion of the 27 parties, for the purpose of entering the parties’ Stipulated Settlement Agreement and 28 Motion for Judgment of Forfeiture. Judgment of Forfeiture, C11-1715RAJ - 2 UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970 1 The executed Stipulated Settlement Agreement was filed on November 7, 2017, in 2 which Claimant Dr. Mockovak agreed to forfeit the Defendant Currency and agreed not 3 to oppose the United States’ Motion for Judgment of Forfeiture. The parties agreed that, 4 should Dr. Mockovak prevail in any state or federal collateral appeal or habeas action 5 that results in his state conviction being reversed, Claimant Dr. Mockovak may move to 6 re-open this civil forfeiture action and seek to litigate the forfeitability of the Defendant 7 Currency on the merits. The United States reserved the right to oppose such litigation on 8 the merits. 9 Proper notice of the intended forfeiture was given. No other claims of interest 10 have been made to the Defendant Currency, and the time for filing such a claim has 11 expired under Fed. R. Civ. P., Supp. R. G(5)(a)(ii). 12 Therefore, the Court ORDERS: 13 1. This Court has jurisdiction over this action under 28 U.S.C. §§ 1345 and 14 1355, and venue pursuant to 28 U.S.C. § 1395. 15 2. Pursuant to 18 U.S.C. § 981(a)(1)(C), the Defendant $10,000 in U.S. 16 currency is hereby forfeited to the United States of America and no right, title, or interest 17 in it shall exist in any other party. 18 3. The United States Department of Justice, and/or its agents and 19 representatives, shall dispose of the Defendant $10,000 in U.S. currency in accordance 20 with the law. 21 22 DATED this day 27th of November, 2017. 23 A 24 25 26 The Honorable Richard A. Jones United States District Judge 27 28 Judgment of Forfeiture, C11-1715RAJ - 3 UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970

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