Opinion
Civil Action No. 11-cv-00893-WJM-MEH
09-14-2011
UNITED STATES OF AMERICA, Plaintiff, v. $17,469.00 IN UNITED STATES CURRENCY, Defendant.
Judge William J. Martinez
DEFAULT AND FINAL ORDER OF FORFEITURE
THIS MATTER comes before the Court on the United States' Motion for Default and Final Order of Forfeiture (ECF No. 12) as to defendant property, the Court having reviewed said Motion FINDS:
THAT the United States commenced this action in rem pursuant to 21 U.S.C. § 881;
THAT all known interested parties have been provided an opportunity to respond and that publication has been effected as required by Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions;
THAT after notice, there have been no Claims or Answers filed in this matter as to defendant property as required by Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions;
THAT Entry of Default was entered by the Clerk of the Court on August 29, 2011 (ECN No. 11);
THAT based upon the facts and verification set forth in the Verified Complaint, it appears by a preponderance of the evidence that there was reasonable cause for the seizure of the defendant property and a Certificate of Reasonable Cause is granted pursuant to 28 U.S.C. § 2465. It further appears that there is cause to issue a forfeiture order under 21 U.S.C. § 881;
THAT the Clerk of Court shall be directed to enter Judgment as to the defendant property;
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT default and forfeiture of the defendant property, including all right, title, and interest is hereby entered in favor of the United States;
THAT the United States shall have full and legal title as to defendant property and may dispose of said property in accordance with law;
THAT this Default and Final Order of Forfeiture shall serve as a Certificate of Reasonable Cause as to the defendant property under 28 U.S.C. § 2465; and
THAT the Clerk of Court is directed to enter Judgment as to the defendant property.
BY THE COURT
William J. Martinez
United States District Judge