United States of America v. $16,692.00 in United States Currency, et al

Filing 12

DEFAULT JUDGMENT OF FORFEITURE by Judge Richard A Jones.(CL)

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The Honorable Richard A. Jones 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 UNITED STATES OF AMERICA, 10 Plaintiff, 11 12 13 14 15 16 NO. C12-1888 RAJ v. $16,692.00 IN UNITED STATES CURRENCY, more or less, and all proceeds therefrom; DEFAULT JUDGMENT OF FORFEITURE ONE (1) 2008 KOMFORT RIDGECREST 26' TRAILER WITH VIN 1K52KBM2082000941; and [PROPOSED] 17 18 TWENTY (20) PIECES OF ASSORTED JEWELRY AND PRECIOUS METALS; 19 Defendants. 20 21 Plaintiff, United States of America, filed its Verified Complaint for Forfeiture In Rem 22 against the above-captioned defendant property on October 25, 2012, pursuant to the provisions 23 of 21 U.S.C. § 881(a)(4) and (6) for violations of 21 U.S.C. § 841(a)(1) (Distribution of 24 Controlled Substances), 21 U.S.C. § 843(a)(3)( Obtaining a Controlled Substance by 25 26 Misrepresentation, Fraud, Forgery, Deception, or Subterfuge), and 21 U.S.C. § 846 (Conspiracy). 27 28 29 30 MOTION FOR ENTRY OF DEFAULT JUDGMENT OF FORFEITURE United States v. $16,692.00 in U.S. Currency, et al. -- 1 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 (206) 553-7970 1 On January 3, 2013, the United States filed a Notice of Complaint for Forfeiture In Rem 2 in which all interested persons were advised to file their claims pursuant to Supplemental Rule 3 G(5) of the Federal Rules of Civil Procedure with the Clerk of the Court not later than thirty-five 4 (35) days after the date of service of the complaint or, as applicable, not later than thirty (30) 5 6 7 8 9 10 days after the date of final publication of notice of the filing of the complaint, and to serve their Answers to the Complaint within twenty-one (21) days after filing a claim. See Docket No. 6. On January 3, 2013, the United States served Linh Thi-Dieu Vanbogart with copies of the Verified Complaint for Forfeiture In Rem, the Notice of Complaint for Forfeiture In Rem, and the Warrants of Arrest In Rem, via certified mail, in accordance with Rule G(4)(B) of the 11 Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal 12 13 14 15 16 Rules of Civil Procedure. The certified mail receipt, article number 7010 2780 0000 0484 4234, indicates delivery to Linh Thi-Dieu Vanbogart on January 5, 2013. On January 3, 2013, the United States served Sean Christopher Stead with copies of the Verified Complaint for Forfeiture In Rem, the Notice of Complaint for Forfeiture In Rem, and 17 the Warrants of Arrest In Rem, via certified mail, in accordance with Rule G(4)(B) of the 18 19 Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal 20 Rules of Civil Procedure. The certified mail receipt, article number 7010 2780 0000 0484 4241, 21 indicates delivery to Sean Christopher Stead on January 5, 2013. 22 23 Notice of the forfeiture action was published on the www.forfeiture.gov website between October 28, 2012 and November 26, 2012. All interested persons were advised to file their 24 25 claims pursuant to Supplemental Rule G(5) of the Federal Rules of Civil Procedure with the 26 Clerk of the Court within sixty (60) days after the first date of publication and to serve their 27 Answers to the Complaint within twenty-one (21) days after filing a claim. 28 29 30 MOTION FOR ENTRY OF DEFAULT JUDGMENT OF FORFEITURE United States v. $16,692.00 in U.S. Currency, et al. -- 2 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 (206) 553-7970 More than thirty-five (35) days have passed since the Verified Complaint for Forfeiture 1 2 In Rem, the Notice of Complaint for Forfeiture In Rem, and Warrants of Arrest In Rem were 3 served upon Linh Thi-Dieu Vanbogart and Sean Christopher Stead. More than thirty (30) days 4 have passed since the final date of publication of notice of the forfeiture action on the 5 6 www.forfeiture.gov website. No claim of interest has been received or filed with the Court from 7 Linh Thi-Dieu Vanbogart, Sean Christopher Stead, or from any other person or entity, and the 8 time allowed for filing of such a claim has expired. 9 10 Now, therefore on motion by the Plaintiff, United States of America, for a Judgment for Forfeiture, it is hereby 11 // 12 13 14 // // 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MOTION FOR ENTRY OF DEFAULT JUDGMENT OF FORFEITURE United States v. $16,692.00 in U.S. Currency, et al. -- 3 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 (206) 553-7970 1 ORDERED, ADJUDGED and DECREED as follows: 2 1. 3 4 This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355, and venue pursuant to 28 U.S.C. §1395. 2. Pursuant to 21 U.S.C. §§ 881(a)(4) and (6) the following property is forfeited to 5 the United States of America, and no right, title, or interest in the defendant 6 currency shall exist in any other party: 7 a. $16,692.00 in United States Currency, more or less, and all proceeds 8 9 therefrom; 10 b. One (1) 2008 Komfort Ridgecrest 26' Trailer with VIN 11 1K52KBM2082000941; and 12 c. Twenty (20) pieces of assorted jewelry and precious metals seized on May 13 25, 2012, in Tacoma, WA. 14 15 16 17 3. The United States Marshals Service shall dispose of the above-described defendant currency in accordance with law. DATED this 9th day of May, 2013. 18 19 20 21 A The Honorable Richard A. Jones United States District Judge 22 23 24 25 26 27 28 29 30 MOTION FOR ENTRY OF DEFAULT JUDGMENT OF FORFEITURE United States v. $16,692.00 in U.S. Currency, et al. -- 4 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 (206) 553-7970

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