Opinion
Civil Action No. 1:09-cv-5312
02-11-2013
UNITED STATES OF AMERICA, Plaintiff, v. $372,042.54 IN UNITED STATES CURRENCY and $111,967.50 IN UNITED STATES CURRENCY Defendants-in-rem
PAUL J. FISHMAN
United States Attorney
By: JORDAN M. ANGER
Assistant United States Attorney
Hon. Noel L. Hillman,. U.S.D.J.
DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE
WHEREAS, on October 14, 2009, a Verified Complaint for Forfeiture was filed in the United States District Court for the District of New Jersey against $372,042.54 in United States currency to enforce the provisions of 31 U.S.C. § 5317(c)(2), which subjects to forfeiture to the United States any property involved in or traceable to a violation of 31 U.S.C. § 5324; and
WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of the Court on October 22, 2009, the United States Department of Treasury, Internal Revenue Service-Criminal Investigation seized the $372,042.54 in United States currency; and
WHEREAS, on November 2, 2009, the Verified Complaint for Forfeiture In Rem, Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified mail, return receipt requested to Mr. Ronald M. Warren, Esq., attorney for Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., at Kulzer & DiPadova, 76 Euclid Avenue, Haddonfield, New Jersey 08033 (See Declaration of Jordan M. Anger with Exhibits, Exhibit A, hereinafter "Anger Decl." filed herein); and
WHEREAS, on or about November 4, 2009, copies of the Verified Complaint for Forfeiture, Warrant for Arrest In Rem, and Notice of Forfeiture were received by Mr. Ronald M. Warren, Esq., attorney for Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., at Kulzer & DiPadova, 76 Euclid Avenue, Haddonfield, New Jersey 08033 (Id); and
WHEREAS, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, Notice of Civil Forfeiture was posted on an official internet government forfeiture website, namely http://www.forfeiture.gov., for at least 30 consecutive days, beginning on November 6, 2009, notifying all third parties of their right to file a claim with the Court within sixty (60) days from the first day of publication for a hearing to adjudicate the validity of their alleged legal interest in the property (Anger Decl., Exhibit B); and
WHEREAS, on or about December 7, 2009, Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., through their attorney, Mr. Ronald M. Warren, Esq., filed a Verified Claim to the $372,042.54 in United States currency; and
WHEREAS, on September 16, 2010, a Verified Complaint for Forfeiture was filed in the United States District Court for the District of New Jersey against $111,967.50 in United States currency to enforce the provisions of 31 U.S.C. § 5317(c)(2), which subjects to forfeiture to the United States any property involved in or traceable to a violation of 31 U.S.C. § 5324; and
WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of the Court on September 16, 2010, the United States Department of Treasury, Internal Revenue Service-Criminal Investigation seized the $111,967.50 in United States currency; and
WHEREAS, on September 20, 2010, the Verified Complaint for Forfeiture In Rem, Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified mail, return receipt requested to Mr. Ronald M. Warren, Esq., attorney for Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., at Kulzer & DiPadova, 76 Euclid Avenue, Haddonfield, New Jersey 08033 (Anger Decl., Exhibit A); and
WHEREAS, on or about September 22, 2010, copies of the Verified Complaint for Forfeiture, Warrant for Arrest In Rem, and Notice of Forfeiture were received by Mr. Ronald M. Warren, Esq., attorney for Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., at Kulzer & DiPadova, 76 Euclid Avenue, Haddonfield, New Jersey 08033 (Id); and
WHEREAS, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, Notice of Civil Forfeiture was posted on an official internet government forfeiture website, namely http://www.forfeiture.gov., for at least 30 consecutive days, beginning on October 7, 2010, notifying all third parties of their right to file a claim with the Court within sixty (60) days from the first day of publication for a hearing to adjudicate the validity of their alleged legal interest in the property (Anger Decl., Exhibit B); and
WHEREAS, on or about October 14, 2010, Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., through their attorney, Mr. Ronald M. Warren, Esq., filed a Verified Claim to the $111,967.50 in United States currency; and
WHEREAS, on or about February 8, 2011, a proposed order consolidating both above referenced civil judicial forfeiture matters was granted by the Honorable Noel L. Hillman, retaining civil action number 09-5312.
WHEREAS, on or about February 10, 2011, a motion to stay the above referenced consolidated forfeiture matter was granted by the Honorable Noel L. Hillman.
WHEREAS, on or about November 2, 2012, a Withdrawal of the Verified Claims to the $372,042.54 in United States currency and to the $111,967.50 in United States currency (hereinafter "defendant properties") was filed in the United States District Court for the District of New Jersey with the signed consent of Nicholas Papanier, Regina Papanier, and Nicholas Papanier, Jr., and their attorneys, Mr. Ronald M. Warren, Esq., and Robert E. Welsh, Jr., Esq., (hereinafter "defendant properties"); and
WHEREAS, no other conforming Claim has been filed within the time required by Rule G(5)(a) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and 18 U.S.C. § 983(a)(4)(A) for the defendant property in this matter; and
NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED
1. That a Default Judgment and a Final Order of Forfeiture is granted against the defendant properties, namely $372,042.54 in United States currency and $111,967.50 in United States currency, and no right, title or interest in the defendant properties shall exist in any other party; and
2. That any and all forfeited funds, including but not limited to currency, currency equivalents and certificates of deposits, as well as any income derived as a result of the United States Department of the Treasury, Internal Revenue Service's management of any property forfeited herein after the payment of costs and expenses incurred in connection with the forfeiture and disposition of the forfeited property, shall be deposited forthwith by the United States Department of the Treasury, Internal Revenue Service into the Department of the Treasury Forfeiture Fund, in accordance with the law.
The Clerk is hereby directed to send copies to all counsel of record.
_______________________________
HONORABLE NOEL L. HILLMAN, U.S.D.J.
UNITED STATES DISTRICT COURT