Opinion
Civil Action No. 12-cv-01433-REB-MJW
04-18-2013
UNITED STATES OF AMERICA, Plaintiff, v. 11843 HANNIBAL STREET, COMMERCE CITY, CO; 7361 MAD RIVER ROAD, MAD RIVER, CA; 2001 FORD F-250 XL, VIN #1FTNW21F01EA67656; 2000 VOLVO S80-16, VIN #YV1TS90DXY1094497; $10,315.00 IN UNITED STATES CURRENCY; $6,934.00 IN UNITED STATES CURRENCY; $4,130.00 IN UNITED STATES CURRENCY; $3,967.00 IN UNITED STATES CURRENCY; $1,091.00 IN UNITED STATES CURRENCY; $30,947.50 SEIZED FROM E-TRADE ACCT. XXXXXX8410; $30,007.82 SEIZED FROM US BANK ACCT. XXXXXXXX1124; $25,629.65 SEIZED FROM JP MORGAN CHASE BANK ACCT. XXXXXXX6097; $19,680.12 SEIZED FROM FIRST BANK ACCT XXXXXX1991; $16,019.66 SEIZED FROM CORE FIRST BANK & TRUST XXX7692; $10,572.89 SEIZED FROM US BANK ACCT XXXXXXXX0439; $6,200.50 SEIZED FROM EDWARD JONES ACCT XXXX4700-1-0; $5,899.72 SEIZED FROM US BANK ACCT XXXXXXXX6172; $5,666.93 SEIZED FROM US BANK ACCT XXXXXXXX0698; $2,937.27 SEIZED FROM BELLCO CREDIT UNION ACCT XXXXX7138; $1,125.31 SEIZED FROM BELLCO CREDIT UNION ACCT XXXXX7229; $15,232.74 SEIZED FROM TCF NATIONAL BANK ACCT XXXXXX6528; $5,525.59 SEIZED FROM PUBLIC SERVICE CREDIT UNION ACCT XXXXXX9267; ROLEX EXPLORER II WATCH; TAG HEUER AQUARACER LADIES WATCH; ROLEX SUB MARINER WATCH SEIZED FROM CHASE SAFE DEPOSIT BOX 6062-8; $6,195.00 IN UNITED STATES CURRENCY; $2,068.00 IN UNITED STATES CURRENCY; $450.00 IN UNITED STATES CURRENCY; LG 60" PLASMA TELEVISION, SERIAL #907RMAQ153088; $2,994.00 IN UNITED STATES CURRENCY; SEVENTEEN SILVER BARS AND NINE SILVER COINS; EIGHT MISCELLANEOUS GOLD COINS AND ONE GOLD BAR; FIFTY ONE-DOLLAR COINS; $11,019.88 SEIZED FROM PUBLIC SERVICE CREDIT UNION ACCT XXXXXX3027; $10,996.76 SEIZED FROM JP MORGAN CHASE BANK ACCT XXXXX0604; $5,610.15 SEIZED FROM JP MORGAN CHASE BANK ACCT XXXXX2438; $2,280.00 IN UNITED STATES CURRENCY; GOLD AND DIAMOND BRACELET; 2007 TOYOTA TUNDRA SR5, VIN #5TFBV54137X024482; $5,560.00 IN UNITED STATES CURRENCY; $760.00 IN UNITED STATES CURRENCY; SIX SILVER BARS; $1,988.00 IN UNITED STATES CURRENCY; $7,910.00 IN UNITED STATES CURRENCY; and $6,500.00 SEIZED FROM US BANK SAFE DEPOSIT BOX 1794-1, Defendants.
Judge Robert E. Blackburn
FINAL ORDER OF FORFEITURE ONLY AS TO DEFENDANT
2007 TOYOTA TUNDRA SR5, VIN #5TFBV54137X024482
Blackburn, J.
The matter is before me on the United States' Unopposed Motion for Final Order of Forfeiture only as to Defendant 2007 Toyota Tundra SR5, VIN #5TFBV54137X024482 [#63] filed April 17, 2013. Tthe Court having reviewed said Motion FINDS:
"[#63]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
THAT the United States commenced this action in rem pursuant to 21 U.S.C. § 881;
THAT all known parties have been provided with an opportunity to respond and that publication has been effected as required by Supplemental Rule G(4);
THAT claimant Joanne Gleason, through Travis B. Simpson, Esq., has filed a Claim to contest forfeiture only as to defendant 2007 Toyota Tundra SR5, VIN #5TFBV54137X024482 (defendant Toyota Tundra), and Answer to the United States' Verified Complaint;
THAT claimant Joanne Gleason is the only party to have filed a Claim to defendant Toyota Tundra, and the time for so doing has expired;
THAT the United States and sole claimant Joanne Gleason through Travis B. Simpson, Esq., have reached a settlement in this case, and have filed a Settlement Agreement with the Court resolving all issues in dispute regarding defendant Toyota Tundra;
THAT upon agreement of the parties, claimant Joanne Gleason agrees to forfeit pursuant to 21 U.S.C. § 881, $2,000.00 in lieu of defendant Toyota Tundra, which $2,000.00 will be disposed of in accordance with law and the terms of the parties' Settlement Agreement;
THAT the United States has received from claimant Joanne Gleason, the agreed upon $2,000.00;
THAT it further appears there is cause to issue a forfeiture order under 21 U.S.C. § 881.
NOW, THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED:
1. That the United States' Unopposed Motion for Final Order of Forfeiture only as to Defendant 2007 Toyota Tundra SR5, VIN #5TFBV54137X024482 [#63] filed April 17, 2013, is GRANTED;
2. That judgment of forfeiture of $2,000.00 paid by claimant Joanne Gleason in lieu of defendant Toyota Tundra shall enter in favor of the United States;
3. That the United States shall have full and legal title to the forfeited $2,000.00 and may dispose of it in accordance with law and in accordance with the terms and provisions of the parties' Settlement Agreement; and
4. That a Certificate of Reasonable Cause, which this Order constitutes, is granted as to defendant Toyota Tundra pursuant to 28 U.S.C. § 2465.
Dated April 18, 2013, at Denver, Colorado.
BY THE COURT:
________
Robert E. Blackbum
United States District Judge