JUDGMENT

MAX O. COGBURN, District Judge.

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

JUDGMENT

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the government's Motion for Consent Judgment (#12) is GRANTED, and the Consent Judgment (#12-1) is incorporated herein by reference as if fully set forth.

CONSENT JUDGMENT

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 Brewer ("Brewer"), 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 Brewer 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 July 17, 2018 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 February 1, 2018 transaction in the property as a violation of § 1960 and this Court has authorized the seizure of the property.

2. Mr. Brewer is a Claimant and has filed a Claim (Doc. 4) and an Answer (Doc. 9) in the instant action. In essence, without challenging or agreeing with the allegations about the offenses that form the basis of the forfeiture action, Brewer argues that the funds are his legitimate property.

3. As of the last day to file claims, August 18, 2018, no other party has filed a claim for the funds in which Brewer asserts an interest.

4. The Government has, after reviewing Brewer'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. Further, as of the date on which this Consent Order was signed by Government counsel, Government counsel has not obtained information to dispute Brewer's claims regarding the offenses set forth in the Complaint.

5. By entering into this Consent Order, Brewer agrees to, upon receipt of the Defendant currency, release and forever discharge his interest in all remaining property in this case, $37,910.00. In exchange for release of the interest, the Government agrees to pay Brewer $10,000.00.

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

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

8. The Government and Brewer 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 Brewer and the Government in this forfeiture action.

9. To this end, Brewer 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, Brewer 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 Brewer satisfies one or more prongs of 18 U.S.C. § 983(d)(2) and (3), the Claim is granted to recognize that Brewer has an interest in $10,000.00 in funds seized from William Frankie Brewer at the Charlotte Douglas Airport on February 1, 2018.

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