U.S. v. $28,182.00 IN UNITED STATES CURRENCY, 1:12cv08. (2012)
Court: District Court, W.D. North Carolina
Number: infdco20120306985
Visitors: 5
Filed: Mar. 05, 2012
Latest Update: Mar. 05, 2012
Summary: ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the "Statement of Interest" filed by Artie Smith [Doc. 4]. A petition filed by a third party claiming interest in property which has been ordered forfeited to the United States must "be signed by the petitioner under penalty of perjury." 21 U.S.C. 853(n)(3). "A claimant who fails to file a verified statement has no standing to contest a forfeiture." United States v. Loria , No. 3:08cr233-2, 2009 WL 3103771, at *2 (
Summary: ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the "Statement of Interest" filed by Artie Smith [Doc. 4]. A petition filed by a third party claiming interest in property which has been ordered forfeited to the United States must "be signed by the petitioner under penalty of perjury." 21 U.S.C. 853(n)(3). "A claimant who fails to file a verified statement has no standing to contest a forfeiture." United States v. Loria , No. 3:08cr233-2, 2009 WL 3103771, at *2 (W..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the "Statement of Interest" filed by Artie Smith [Doc. 4].
A petition filed by a third party claiming interest in property which has been ordered forfeited to the United States must "be signed by the petitioner under penalty of perjury." 21 U.S.C. § 853(n)(3). "A claimant who fails to file a verified statement has no standing to contest a forfeiture." United States v. Loria, No. 3:08cr233-2, 2009 WL 3103771, at *2 (W.D.N.C. Sep. 21, 2009) (quoting United States v. $487,825,000 in U.S. Currency, 484 F.3d 662, 664-65 (3d Cir. 2007)). The petition filed in the instant case is not verified by the alleged claimant. Unless the required verification is filed within fourteen days of the entry of this Order, the claimant's petition shall be dismissed.
Accordingly, IT IS, THEREFORE, ORDERED that Artie Smith shall file a verification of his petition within fourteen (14) days of the entry of this Order. The claimant is advised that failure to file the required verification will result in the dismissal of his petition.
The Clerk of Court is directed to provides copies of this Order to counsel for the Government and the pro se claimant, Artie Smith.
IT IS SO ORDERED.
Source: Leagle
