Opinion
Civil Action 21-cv-01732-MDB
06-05-2023
UNITED STATES OF AMERICA, Plaintiff, v. $188,611.00 IN UNITED STATES CURRENCY, Defendant.
DEFAULT AND FINAL ORDER OF FORFEITURE
Maritza Dominguez Braswell Magistrate Judge
This matter comes before the Court on the United States' Motion for Default and Final Order of Forfeiture [“Motion”], which requests that the Court enter default and a final order of forfeiture as to Defendant $188,611.00 in United States currency. (Doc. No. 26.) The Court having reviewed said Motion FINDS that:
1. the United States commenced this civil forfeiture action, pursuant to 21 U.S.C. § 881 (see Doc. No. 1);
2. the facts and verifications as set forth in the Verified Complaint for Forfeiture in Rem provide probable cause and an ample basis by a preponderance of the evidence for a final judgment and order of forfeiture as to Defendant $188,611.00 in United States currency;
3. all known interested parties have been provided an opportunity to respond and publication has been completed as required by Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions;
4. no claim, answer, or other responsive pleading has been filed as to Defendant $188,611.00 in United States Currency as required by Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, and the time to do so has expired;
5. the Clerk of Court entered default as to defendant $188,611.00 in United States Currency on May 22, 2023 (see Doc. No. 22); and
6. based upon the facts and verifications as set forth in the Verified Complaint for Forfeiture in Rem, it appears by a preponderance of the evidence there was reasonable cause for the seizure of defendant $188,611.00 in United States Currency.
It is therefore ORDERED that:
THAT the United States' Motion for Default and Final Order of Forfeiture is GRANTED;
THAT default and final order of forfeiture, including all right, title, and interest, is entered for defendant $188,611.00 in United States currency;
THAT the United States shall have full and legal title as to defendant $188,611.00 in United States Currency, and may dispose of said asset in accordance with law;
THAT a Certificate of Reasonable Cause, which this Order constitutes, is granted as to defendant $188,611.00 in United States Currency pursuant to 28 U.S.C. § 2465; and
THAT the Clerk of Court is directed to enter Final Judgment as to defendant $188,611.00 in United States Currency.