Opinion
2:21-cv-442-SPC-MRM
08-16-2021
UNITED STATES OF AMERICA, Plaintiff, v. $440,068.08 IN U.S. CURRENCY & NINE VEHICLES, Defendants.
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SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.
Before the Court is the United States' Motion for Judgment of Forfeiture for approximately $440,068.08 in United States currency and nine vehicles (“Defendant Funds”). (Doc. 24). The United States filed a Declaration in Support (Doc. 24-1). The Court finds the Defendant Funds are subject to forfeiture under 21 U.S.C. § 881(a)(6) and Supp'l Rule G, Supplemental Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions.
Having been fully advised in the premises, the Court finds the Defendant Funds are forfeitable to the United States because they constitute: (1) money furnished or intended to be furnished by a person in exchange for a controlled substance in violation of the Controlled Substances Act; (2) proceeds traceable to such an exchange; or (3) money used or intended to be used to facilitate a violation of the Controlled Substances Act. The Defendant Funds are thus subject to civil forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6).
The Court further finds that the parties known to have an alleged interest in the Defendant Funds-Gerald Michael Abraham, Glenview Luxury Imports, Fifth Third Bank, American Momentum Bank, and First Florida Integrity Bank-received notice of this action and have not filed a claim for the Defendant Funds and the time for filing such a claim has expired. (Doc. 24-1 at 3-6).
The Court further finds that the United States filed a Declaration of Publication to reflect notice of this forfeiture was posted on an official government internet website (www.forfeiture.gov) for at least 30 consecutive days, beginning on June 9, 2021, and continuing through and including July 8, 2021, pursuant to Supp'l Rule G(4)(a)(iv)(C). (Doc. 9). No. other person or entity has filed a claim and the time for filing such a claim has expired. Thus, it is now appropriate for the Court to enter a Judgment of Forfeiture for the Defendant Funds.
Accordingly, it is
ORDERED:
The United States' Motion for Judgment of Forfeiture (Doc. 24) is GRANTED.
1. Under 21 U.S.C. § 881(a)(6) and Supp'l Rule G, all right, title, and interest in the Defendant Funds are CONDEMNED and FORFEITED to the United States for disposition according to law. Clear title to the Defendant Funds is now vested in the United States of America.
2. The Clerk is DIRECTED to enter judgment and close the file.
DONE and ORDERED.