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U.S. v. $138,121.00 IN U.S. CURRENCY, 14-198 (MJD/FLN). (2014)

Court: District Court, D. Minnesota Number: infdco20140529f24 Visitors: 8
Filed: May 28, 2014
Latest Update: May 28, 2014
Summary: DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE MICHAEL J. DAVIS, Chief District Judge. Based on the motion of the United States for an order: (1) granting default judgment against Robert L. Casteel and all unknown persons and entities who have failed to file a verified claim to the defendant currency and answer to the Complaint for Forfeiture In Rem; and (2) for a Final Order of Forfeiture as to the defendant currency; and based on all the files and records in this action, and on Court's fin
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DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE

MICHAEL J. DAVIS, Chief District Judge.

Based on the motion of the United States for an order: (1) granting default judgment against Robert L. Casteel and all unknown persons and entities who have failed to file a verified claim to the defendant currency and answer to the Complaint for Forfeiture In Rem; and (2) for a Final Order of Forfeiture as to the defendant currency; and based on all the files and records in this action, and on Court's finding as follows that:

1. A Verified Complaint for Forfeiture In Rem with Verification by Travis W. Hamblen, Special Agent, Homeland Security Investigations (HSI), was filed on January 21, 2014, alleging that the defendant currency is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6);

2. A Warrant of Arrest and Notice In Rem was issued by the Clerk of Court on January 22, 2014, directing the U.S. Department of Homeland Security to arrest the defendant currency and to serve all persons thought to have a potential interest in the defendant currency with a copy of the Complaint for Forfeiture In Rem, and the Warrant of Arrest and Notice In Rem; Verified Complaint for Forfeiture In Rem with Verification by Travis W. Hamblen, and the Warrant of Arrest and Notice In Rem, was sent by certified mail to Robert L. Casteel, at two separate addresses, and to Robert L. Casteel, c/o Richard C. Stone, 24072 Myrtle Street, Hayward, CA 94541. Richard C. Stone had previously notified the government that he represented Robert Casteel with respect to the seizure of the defendant currency;

4. Pursuant to Rule G(4)(a)(iv)(C), the U.S. Attorney's Office posted a notice of forfeiture on an official government internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning on January 26, 2014;

5. No verified claim or answer has been filed, and the time for filing a claim and answer has expired under Rule G(5), Supplemental Rules For Admiralty Or Maritime Claims and Asset Forfeiture Actions,

NOW, THEREFORE, IT IS HEREBY ORDERED that:

1. The motion of the United States for a default judgment and final order of forfeiture (Docket No. 5) is GRANTED;

2. A default judgment is entered against Robert L. Casteel and all unknown persons and entities having an interest in the defendant currency for failure to file a verified statement of interest in or right against the defendant currency and an answer to the Verified Complaint for Forfeiture In Rem as required by 18 U.S.C. § 983(a)(4)(A) and (B), and Rule G(5) of the Supplemental Rules For Admiralty Or Maritime Claims And Asset Forfeiture Actions; and States pursuant to 21 U.S.C. § 881(a)(6) for disposition in accordance with law.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Source:  Leagle

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