Filed: Aug. 13, 2015
Latest Update: Aug. 13, 2015
Summary: CONSENT JUDGMENT OF FORFEITURE JOHN F. WALTER , District Judge . This action was filed on September 22, 2014 against the defendant $44,700.00 in U.S. currency. Blaine NiCastro ("NiCastro") claims an interest in the defendant $44,700.00 in U.S. currency. No other parties other than NiCastro have appeared in this case and the time for filing such statements of interest and answers has expired. Plaintiff United States of America and NiCastro have reached an agreement that is dispositive of the
Summary: CONSENT JUDGMENT OF FORFEITURE JOHN F. WALTER , District Judge . This action was filed on September 22, 2014 against the defendant $44,700.00 in U.S. currency. Blaine NiCastro ("NiCastro") claims an interest in the defendant $44,700.00 in U.S. currency. No other parties other than NiCastro have appeared in this case and the time for filing such statements of interest and answers has expired. Plaintiff United States of America and NiCastro have reached an agreement that is dispositive of the ..
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CONSENT JUDGMENT OF FORFEITURE
JOHN F. WALTER, District Judge.
This action was filed on September 22, 2014 against the defendant $44,700.00 in U.S. currency. Blaine NiCastro ("NiCastro") claims an interest in the defendant $44,700.00 in U.S. currency. No other parties other than NiCastro have appeared in this case and the time for filing such statements of interest and answers has expired. Plaintiff United States of America and NiCastro have reached an agreement that is dispositive of the action. Nothing in this consent judgment is intended or should be interpreted as an admission of wrongdoing by NiCastro. The parties hereby request that the Court enter this Consent Judgment of Forfeiture.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the parties and the subject matter of this action.
2. Notice of this action has been given in accordance with law. All potential claimants to the defendant $44,700.00 in U.S. currency other than NiCastro are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture.
3. The United States of America shall have judgment as to $44,700 in U.S. currency and all interest earned on the entirety of the defendant funds since seizure, and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said funds in accordance with law.
4. NiCastro has agreed to release the United States of America, its agencies, agents, and officers, including employees, officers and agents of the Drug Enforcement Administration from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of NiCastro, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5. The court finds that there was reasonable cause for the seizure of the defendant $44,700.00 in U.S. currency and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
