Opinion
Civil Action No. 00-0751-RV-S.
March 22, 2001.
FINAL JUDGMENT OF FORFEITURE
On August 17, 2000, a verified Complaint for Forfeiture In Rem was filed on behalf of the United States against the defendant $8,899.00, more or less, in United States currency to enforce the provisions of Title 21, United States Code, Section 881(a)(6) for the forfeiture of money which was furnished or which was intended to be furnished in exchange for a controlled substance, or money which constitutes proceeds traceable to the exchange of a controlled substance, or money which was used or was intended to be used in any manner or part to commit or to facilitate the commission of a violation of the Controlled Substances Act, as amended.
Pursuant to the warrant of arrest in rem issued by this Court on September 1, 2000, the United States Marshals Service for the Southern District of Alabama seized the defendant currency. Notice of this seizure and forfeiture action was published in the Mobile Press Register, a newspaper of general circulation in the Southern District of Alabama, on September 18, 19, 20, 25, 26, 27, 2000.
Process was fully issued in this action for the forfeiture of the defendant property under the Complaint for Forfeiture In Rem filed herein on August 17, 2000.
Thomas Garrett Harvey, through his attorney, John L. White, was served with notice of this forfeiture action on December 5, 2000.
Thomas Garrett Harvey entered into a Stipulation and Consent Judgment of Forfeiture and Release and Settlement of All Claims setting forth that Thomas Garrett Harvey stipulates to the forfeiture of the defendant $8,899.00, more or less, in United States currency. In return, the United States agrees that the cost bond posted in this action in the amount of $899.00 is to be returned to Thomas Garrett Harvey through his attorney, John L. White.
With the Stipulation and Consent Judgment of Forfeiture and Release and Settlement of All Claims, and no other claims, answers, or pleadings having been filed in opposition to the forfeiture of the defendant currency, and there being no remaining issues, the above-captioned action has reached its final conclusion. All possible claimants have had adequate notice and time in which to file a claim and an answer.
NOW, THEREFORE, the Court having considered the matter and been fully advised in the premises, it is ORDERED, ADJUDGED, and DECREED as follows:
1. That this Court has jurisdiction over the subject matter. That the Complaint states a claim upon which relief may be granted.
2. That all possible claimants have had adequate notice and time in which to file a claim, answer the Government's complaint, and have their rights in this matter adjudicated.
3. That in accordance with the above, the defendant, $8,899.00, more or less, in United States currency is due to be and is hereby forfeited to the United States of America pursuant to Title 21, United States Code, Section 881(a)(6), for disposition according to law.
4. That the cost bond in the amount of $899.00 is to be returned to Thomas Garrett Harvey through his attorney, John L. White, Van Antwerp Building, Suite 205, Mobile, Alabama 36602