United States of America v. $12,144.00 In United States Funds, et al
Filing
12
ORDER granting 11 Motion for Judgment of Forfeiture; signed by Judge Marsha J. Pechman.(SC) Modified on 6/12/2012- 1 cc to USA (MD).
Chief Judge Marsha J. Pechman
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA,
Plaintiff,
NO. C11-2157 MJP
v.
JUDGMENT OF FORFEITURE
$12,144.00 IN UNITED STATES FUNDS,
MORE OR LESS, AND ALL PROCEEDS
THEREFROM, SEIZED FROM KEY BANK
ACCOUNT XXXXXXXX6767, AND HELD
IN THE NAME OF LEE CARTER,
Defendant.
Plaintiff, United States of America, filed its Verified Complaint for Forfeiture In
Rem against the above-captioned $12,114.00 in United States funds, more or less, and all
proceeds therefrom, on December 23, 2011, pursuant to Title 18, United States Code,
Section 981(a)(1)(C), for violations of Title 18, United States Code, Section 641
UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
(206) 553-7970
(Embezzlement and Theft of Public Property).
On February 3, 2012, the United States filed a Notice of Complaint for Forfeiture
In Rem in which all interested persons were advised to file their claims pursuant to
Supplemental Rule G(5) of the Federal Rules of Civil Procedure with the Clerk of the
Court within thirty-five (35) days after the date of service and to serve their Answers to
the Complaint within twenty (20) days after filing a claim.
Notice of the forfeiture action was published on the www.forfeiture.gov website
between December 30, 2011 and January 28, 2012. All interested persons were advised
to file their claims pursuant to Supplemental Rule G(5) of the Federal Rules of Civil
Procedure with the Clerk of the Court within sixty (60) days after the first date of
publication and to serve their Answers to the Complaint within twenty (20) days after
filing a claim.
All persons and entities believed to have an interest in the defendant funds were
given proper notice of the intended forfeiture. No other petitioners or claimants have
come forth to assert an interest in the defendant funds, and the time for doing so has
expired.
On March 28, upon Application of the United States, this Court entered an Order
of Default against Ronnie George, Nancy Stone, Lee Carter and any unknown persons
who have failed to plead, answer, or otherwise submit a claim as to the above-captioned
funds.
Now, therefore, on Motion of the Plaintiff, the United States of America, for a
Judgment of Forfeiture of the defendant funds, it is hereby
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 defendant $12,114.00 in United States funds, more or less, and all
proceeds therefrom, seized from Key Bank account number XXXXXXXX6767 held in
the name of Lee Carter is hereby forfeited to the United States of America and no right,
title or interest in the above-described defendant funds shall exist in any other party.
3.
The United States Marshals, and/or its agents and representatives shall
dispose of the defendant funds in accordance with the law.
4.
The Court shall deliver one (1) “raised seal,” certified copy
of the Judgment for Forfeiture of the defendant funds to the United States Attorney’s
Office in Seattle, WA.
DATED this
12th
day of
June
, 2012.
A
Marsha J. Pechman
Chief United States District Judge
Presented by:
s/ Francis Franze-Nakamura
FRANCIS FRANZE-NAKAMURA
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:
Francis.Franze-Nakamura@usdoj.gov
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