Filed: Feb. 25, 2020
Latest Update: Feb. 25, 2020
Summary: CONSENT JUDGMENT OF FORFEITURE JESUS G. BERNAL , District Judge . Plaintiff, the United States of America (the "government"), and claimant Benjamin Deandre Carter ("Claimant") have stipulated to the entry of this Consent Judgment. The Court, having considered the stipulation of the parties and good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES: 1. The government has given and published notice of this action as required by law, including Rule G of the Supplemental Rules for
Summary: CONSENT JUDGMENT OF FORFEITURE JESUS G. BERNAL , District Judge . Plaintiff, the United States of America (the "government"), and claimant Benjamin Deandre Carter ("Claimant") have stipulated to the entry of this Consent Judgment. The Court, having considered the stipulation of the parties and good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES: 1. The government has given and published notice of this action as required by law, including Rule G of the Supplemental Rules for ..
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CONSENT JUDGMENT OF FORFEITURE
JESUS G. BERNAL, District Judge.
Plaintiff, the United States of America (the "government"), and claimant Benjamin Deandre Carter ("Claimant") have stipulated to the entry of this Consent Judgment.
The Court, having considered the stipulation of the parties and good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES:
1. The government has given and published notice of this action as required by law, including Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. The government has not received any additional claims or answers, and the time for filing claims and answers has expired. This Court has jurisdiction over the parties and the Defendant $194,999.00 in U.S. currency (the "Defendant Currency"). Claimant has agreed to the forfeiture of the Defendant Currency in its entirety, and withdraw his claim to the Defendant Currency.1 Any potential claimants to the Defendant Currency other than Claimant are deemed to have admitted the allegations of the complaint. Nothing in this consent judgment is intended or should be interpreted as an admission of wrongdoing by Claimant, nor should this consent judgment be admitted in any criminal proceeding against Claimant to prove any of the facts relied upon to establish reasonable cause for the seizure of the Defendant Currency.
2. The Defendant Currency, together with all interest earned by the government on the total amount of the Defendant Currency since seizure, is hereby forfeited to the government, and no other right, title, or interest shall exist therein. The government shall dispose of the forfeited property in accordance with law.
3. The Court finds that there was reasonable cause for the seizure of the Defendant Currency and the institution of this action. This judgment constitutes a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
4. Each of the parties shall bear its own fees and costs in connection with the seizure of the defendant currency and this action.
IT IS SO ORDERED.
