ORDER

MAX O. COGBURN, JR., District Judge.

THIS MATTER is before the Court on the government's Motion for Consent Order Third Party Claim. Having considered the government's motion and reviewed the pleadings, the Court enters the following Order.

ORDER

IT IS, THEREFORE, ORDERED that the government's Motion for Consent Order Third Party Claim (#24) is GRANTED, and the Consent Order for Third Party Claim (#24-1) is incorporated herein by reference as if fully set forth.

CONSENT ORDER FOR THIRD PARTY CLAIM

THIS MATTER is before the Court by consent of the United States of America, by and through R. Andrew Murray, United States Attorney for the Western District of North Carolina and William Frankie Hyppolite ("Hyppolite"), through counsel, pursuant to 18 U.S.C. § 983(d) and Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The Government and Hyppolite have consented to this Consent Order for Third Party Claim as a final adjudication and settlement of all matters with regard to forfeiture of the property identified in this case.

The parties have STIPULATED AND AGREED and the COURT FINDS AS FOLLOWS:

1. The Government has alleged in its December 21, 2016 Complaint for Forfeiture In Rem (Doc. 1) that the property identified in the Complaint, consisting of seized funds, constitutes or is derived from a violation of 18 U.S.C. § 1956(c)(7)(A) a specified illegal unlawful activity. The Government identified the August 4, 2016 transaction in the property as a violation of § 1960 and this Court has authorized the seizure of the property.

2. Mr. Hyppolite is a Claimant and has filed a Claim (Doc. 5) and an Answer (Doc. 6) in the instant action. In essence, without challenging or agreeing with the allegations about the offenses that form the basis of the forfeiture action, Hyppolite argues that the funds are his legitimate property.

3. As of the last day to file claims, February 15, 2017, no other party has filed a claim for the funds in which Hyppolite asserts an interest.

4. The Government has, after reviewing Hyppolite's statements under penalty of perjury and the materials he provided, determined that the totality of the circumstances in the instant case warrant a resolution of this matter regarding the alleged violation of § 1956.

5. By entering into this Consent Order, Hyppolite agrees to, upon receipt of the Defendant currency, release and forever discharge his interest in all remaining property in this case, $13,963.00. In exchange for release of the interest, the Government agrees to pay Hyppolite $7,518.00.

6. The payment to Hyppolite shall be in full settlement and satisfaction of all claims by Hyppolite in this action and all claims against the United States resulting from the incidents or circumstances giving rise to this action.

7. Hyppolite agrees not to pursue against the United States any rights that it may have on the property in this case. Hyppolite agrees to withdraw his claim in the preceding administrative forfeiture proceeding regarding the Defendant currency. Hyppolite understands and agrees that the United States reserves the right to terminate the forfeiture action at any time.

8. The Government and Hyppolite waive any rights to further litigate between each other in this forfeiture action and agree that this Consent Order shall be in full settlement and satisfaction of all claims between Hyppolite and the Government in this forfeiture action.

9. To this end, Hyppolite agrees to release and forever discharge the United States, its agents, servants and employees, its successors or assigns, and all state or local government entities or law enforcement agencies in North Carolina and their agents, servants and employees, their heirs, successors, or assigns from any and all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims and/or demands whatsoever in law or equity which he or his heirs, successors, or assigns ever had, now have or may have in the future in connection, with this, investigation, seizure, detention, and forfeiture.

10. Unless specifically directed by an order of the Court, Hyppolite shall be excused and relieved from further participation in this action.

IT IS THEREFORE ORDERED THAT:

Based upon the stipulations of the parties herein that Hyppolite satisfies one or more prongs of 18 U.S.C. § 983(d)(2) and (3), the Claim is granted to recognize that Hyppolite has an interest in $7,518.00 in funds seized from Derek Hyppolite at the Charlotte Douglas Airport on August 14, 2016.

The Government and Hyppolite shall bear their own fees and costs incurred in this federal forfeiture action, including attorneys' fees.