U.S. v. $10,035.00 in U.S. Currency

Full title: UNITED STATES OF AMERICA, Plaintiff, v. $10,035.00 IN UNITED STATES…

Court: United States District Court, D. Nebraska

Date published: Jan 29, 2007

8:06CV514 (D. Neb. Jan. 29, 2007)

Opinion

8:06CV514.

January 29, 2007

ORDER

JOSEPH BATAILLON, District Judge

NOW ON THIS 26 day of January, 2007, this matter comes on before the Court upon the Stipulation of the parties (Filing No17). The Court reviews the file and the Stipulation, and, being duly advised on the premises, finds as follows:

1. The Defendant properties should be returned to the party of interest, U.S. Bank, by delivering the same to the trust account of the party's attorney, Gerald L. Friedrichsen.

2. Pursuant to this Court's Order dated September 5, 2006 (Filing No. 5), the United States has published notice of its intent to dispose of the properties in such a manner as the Attorney General may direct. An Affidavit of Publication was filed herein on October 27, 2006 (Filing No. 6). In response to said published notice, no person or entity has filed a Petition setting forth any legal or equitable interest in the Defendant properties.

3. On December 1, 2006, a Clerk's Entry of Default (Filing No. 8) was entered against the Claimant Jeanette Bland. On December 13, 2006, a Clerk's Entry of Default (Filing No. 14) was entered against the Claimant Patrice Raven.

4. The parties' Stipulation should be approved.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:

A. The parties' Stipulation is hereby approved.

B. The Defendant properties shall be returned to the party of interest, U.S. Bank, by delivering the same to the trust account of the party's attorney, Gerald L. Friedrichsen. The United States Secret Service will deliver a check made payable to the trust account of Gerald L. Friedrichsen, for the total amount of the Defendant properties.

C. Pursuant to this Court's Order dated September 5, 2006 (Filing No. 5), the United States has published notice of its intent to dispose of the properties in such a manner as the Attorney General may direct. An Affidavit of Publication was filed herein on October 27, 2006 (Filing No. 6). No person or entity has filed a Petition, in response to said published notice, setting forth any legal or equitable interest in the subject properties.

D. Upon Mr. Friedrichsen's receipt of the Defendant properties, as mentioned above, a Receipt shall be filed with this Court. Upon the filing of said Receipt, the case will be closed.