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United States v. $11,523.00 in United States Currency

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
May 1, 2012
Civil Action No. 11-6412 (JHR) (D.N.J. May. 1, 2012)

Opinion

Civil Action No. 11-6412 (JHR)

05-01-2012

UNITED STATES OF AMERICA, Plaintiff, v. $11,523.00 IN UNITED STATES CURRENCY, Defendant in rem.

PAUL J. FISHMAN United States Attorney PETER W. GAETA Assistant United States Attorney


PAUL J. FISHMAN

United States Attorney

PETER W. GAETA

Assistant United States Attorney

ELECTRONICALLY FILED


Hon. Joseph H. Rodriguez, U.S.D.J.


DEFAULT JUDGMENT AND

FINAL ORDER OF FORFEITURE

WHEREAS, on October 31,2011, a Verified Complaint for Forfeiture In rem was filed in the United States District Court for the District of New Jersey against $11,523.00 in United States currency (hereinafter "defendant property") to enforce the provisions of Title 21, United States Code, Section 881(a)(6), which subjects to forfeiture to the United States all monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, or represents proceeds traceable to such an exchange, or was used or intended to be used to facilitate a violation Title II of the Controlled Substances Act, Title 21, United States Code, Section 801 et seq.; and

WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of the Court November 2, 2011, the United States Marshals Service seized the defendant property, namely $11,523.00 in United States currency; and

WHEREAS, or about December 13,2011, copies of 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 Wayne Powell, Esq., Attorney At Law, 101 Tarragon Building, 811 Church Road, Cherry Hill, New Jersey 08002, and Michael Rivera, 2110 Mays Landing Road, #20, Millville, New Jersey 08332 (See Declaration of Peter W. Gaeta with Exhibits, Exhibit A, hereinafter "Gaeta Decl." filed herein); and

WHEREAS, on or about December 14, 2011, copies of the Verified Complaint for Forfeiture In Rem, Warrant for Arrest In Rem, and a Notice of Forfeiture were received at the office of Wayne Powell, Esq., Attorney At Law, 101 Tarragon Building, 811 Church Road, Cherry Hill, New Jersey 08002, attorney for Michael Rivera (Id.); and

WHEREAS, on or about December 15, 2011, copies of the Verified Complaint for Forfeiture In Rem, Warrant for Arrest In Rem, and a Notice of Forfeiture were received by Michael Rivera, 2110 Mays Landing Road, #20, Millville, New Jersey 08332 (Id.); and

WHEREAS, a notice of civil forfeiture was posted on an official government internet site, namely http://www.forfeiture.gov , beginning on December 21, 2011, and running for thirty consecutive days through January 19, 2012, 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 (See Gaeta Decl. Exhibit B); and

WHEREAS, no other Claim or Answer was filed within the time required by Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure and Title 18, United States Code, Section 983(a)(4)(A), for the Defendant Property; and

NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED

1. That Default Judgment and Final Order of Forfeiture is granted against the defendant property, namely $11,523.00 in United States currency; and

2. That 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 Marshals Service's management of any property forfeited herein, and the proceeds from the sale of any forfeited property, after the payment of costs and expenses incurred in connection with the sale and disposition of the forfeited property shall be deposited forthwith by the Department of Justice, United States Marshals Service into the Department of Justice Asset Forfeiture Fund, in accordance with the law.

The Clerk is hereby directed to send copies to all counsel of record.

________________________

HONORABLE JOSEPH H. RODRIGUEZ, U.S.D.J.

UNITED STATES DISTRICT COURT


Summaries of

United States v. $11,523.00 in United States Currency

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
May 1, 2012
Civil Action No. 11-6412 (JHR) (D.N.J. May. 1, 2012)
Case details for

United States v. $11,523.00 in United States Currency

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. $11,523.00 IN UNITED STATES…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: May 1, 2012

Citations

Civil Action No. 11-6412 (JHR) (D.N.J. May. 1, 2012)