U.S. v. $10,067.00 in U.S. Currency

Full title: United States of America, Plaintiff, v. $10,067.00 in U.S. Currency…

Court: United States District Court, D. Arizona

Date published: Jun 14, 2011

No. CV-10-2059-PHX-FJM (D. Ariz. Jun. 14, 2011)

Opinion

No. CV-10-2059-PHX-FJM.

June 14, 2011

ORDER

FREDERICK MARTONE, District Judge

Plaintiff filed this civil action in rem to enforce the provision of 31 U.S.C. § 5332(c) for the forfeiture of property involved in a violation of 31 U.S.C. § 5332(a), or conspiracy to commit such a violation. We now have before us plaintiff's motion to compel discovery (doc. 13) and motion for entry of judgment (doc. 16).

Claimants Alicia Jimenez and Argimiro Gonzalez initially filed a claim and answer, but then subsequently withdrew them. (Doc. 15). The withdrawal of the claim and answer renders the plaintiff's motion to compel moot. Accordingly, it is ORDERED DENYING plaintiff's motion to compel on grounds of mootness. (Doc. 13).

Plaintiff has established by a preponderance of the evidence that the sum of $10,067 and the vehicle represented by the substitute res bond in the amount of $1,100 were property involved in a violation of 31 U.S.C. § 5332(a), or a conspiracy to commit such a violation, resulting in the forfeiture of property involved pursuant to 31 U.S.C. § 5332(c). In addition, the vehicle is property involved in a violation of 18 U.S.C. § 512 and is therefore also subject to forfeiture under that statute. Accordingly, it is ORDERED GRANTING plaintiff's motion for entry of judgment. (Doc. 16).

The clerk is directed to enter judgment in favor of plaintiff and against defendants as follows:

JUDGMENT is entered for the United States and against defendants, the sum of $10,067 and the vehicle represented by the substitute res bond in the amount of $1,100, and against claimants Alicia Jimenez and Argimiro Gonzalez, and their minor son, C.G., and all others who have not filed a claim and answer in this action. The defendant currency and the substitute res bond are ordered forfeited to the United States pursuant to 31 U.S.C. § 5332(c) and 18 U.S.C. § 512 and shall be disposed of according to law by the Customs and Border Protection, Department of Homeland Security.

Pursuant to Rule 54, Fed.R.Civ.P., and 28 U.S.C. §§ 1918, 1920 and 1921, costs of this action shall be taxed as determined by the clerk of the court upon the filing by plaintiff of a bill of costs. Plaintiff shall have ten (10) days from entry of judgment within which to file a bill of costs. The costs of this action subsequently taxed by the clerk shall be incorporated as a portion of this judgment.