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U.S. v. $497,440 in United States Currency, 8:18-CV-575. (2019)

Court: District Court, D. Nebraska Number: infdco20190313b37 Visitors: 7
Filed: Mar. 12, 2019
Latest Update: Mar. 12, 2019
Summary: DEFAULT JUDGMENT AND DECREE OF FORFEITURE JOHN M. GERRARD , Chief District Judge . This matter is before the Court on the plaintiff's Motion for Default Judgment and Decree of Forfeiture (filing 19). The motion will be granted. A Complaint for Forfeiture In Rem (filing 1) was filed on December 13, 2018. A Warrant for Arrest In Rem (filing 3) was issued and properly served on the defendant property by U.S. Customs and Border Protection. See filing 8. Publication of the notice of this
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DEFAULT JUDGMENT AND DECREE OF FORFEITURE

This matter is before the Court on the plaintiff's Motion for Default Judgment and Decree of Forfeiture (filing 19). The motion will be granted.

A Complaint for Forfeiture In Rem (filing 1) was filed on December 13, 2018. A Warrant for Arrest In Rem (filing 3) was issued and properly served on the defendant property by U.S. Customs and Border Protection. See filing 8. Publication of the notice of this action and of the arrest of the defendant properties was made pursuant to an order entered by the United States Magistrate Judge on December 17. Filing 6. A claim was filed on January 25, 2019 (filing 12), but no timely answer was filed, and the plaintiff represents that the claim has been abandoned. Filing 17-1 at 2.

As directed by the Magistrate Judge's order (filing 6), a Notice of Forfeiture was posted beginning on December 10, 2018, on an official Internet government forfeiture site, www.forfeiture.gov, for at least 30 consecutive days, as required by Supp. Admiralty and Maritime Claims R. G(4)(a)(iii)(B). A declaration of publication (filing 15) was filed on February 29, 2019, and from a review of the Court file the Court finds that no other claims have been made.

No person or entity entitled to the defendant properties has filed a claim or an answer in response to plaintiff's Complaint for Forfeiture In Rem within the time fixed by law. The Clerk of the Court entered the defendant's default on February 19. See filing 18. Accordingly, the plaintiff's Motion for Default Judgment and Decree of Forfeiture (filing 19) will be granted.

IT IS ORDERED:

1. The plaintiff's Motion for Default Judgment and Decree of Forfeiture (filing 19) is granted. 2. All right, title, or interest in or to the defendant properties held by any person or entity are forever barred and foreclosed. 3. The properties are forfeited to the plaintiff. 4. The properties shall be disposed of by the plaintiff in accordance with law.
Source:  Leagle

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