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United States v. Luna

United States District Court, E.D. North Carolina, Southern Division

March 16, 2017

UNITED STATES OF AMERICA
v.
WALDA LORENA LUNA, PERFECTO RUANO

          FINAL ORDER OF FORFEITURE

          JAMES C. DEVER, III CHIEF UNITED STATES DISTRICT JUDGE

         WHEREAS, on November 15, 2016, this Court entered Preliminary Orders of Forfeiture and pursuant to the provisions of 18 U.S.C. § 981(a)(1)(C) the following property was forfeited to the United States, to wit:

         (A) CURRENCY

(1) U.S. currency in the amount of $1, 789, 52 0, seized from the defendants in the Eastern District of Arkansas on May 1, 2014;;
(2) U.S. currency in the amount of $1, 176, seized from defendant LUNA's retail business known as Beverly Tienda pn May 2, 2014;;

         (B) REAL PROPERTY

(1) One tract of real property with all buildings and appurtenances thereto, as described in a deed recorded in Book 1441, Page 975 of the Duplin County Registry, having the street address of 413 N. Duplin Street, Wallace, North Carolina, and being titled in the name of Walda L. Luna;
(2) One tract of real property with all buildings and appurtenances thereto, as described in a deed recorded in Book 1669, Page 76 of the Duplin County Registry, having the street address of 406 N. Norwood Street, Wallace, North Carolina, and being titled in the name of Walda Lorena Luna;
(3) One tract of real property with all buildings and appurtenances thereto, as described in a deed recorded in Book 1669, Page 76 of the Duplin County Registry, having the street address of 3 09 E. Cavenaugh Street, Wallace, North Carolina, and being titled in the name of Walda Lorena Luna;
(4) One tract of real property with all buildings and appurtenances thereto, as described in a deed recorded in Book 1670, Page 970 of the Duplin County Registry, having the street address of 417 East Cavenaugh Street, Wallace, North Carolina, and being titled in the name of Perfecto Ruano; and

         AND WHEREAS, the United States published notice of this forfeiture at the www.forfeiture.gov web site for at least 3 0 consecutive days, between December 9, 2016 and January 7, 2017, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty of Maritime Claims and Asset Forfeiture Actions, and said published notice advised all third parties of their right to petition the court within sixty (60) days from the first day of the publication date for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

         AND WHEREAS, the potential petitioners as to the subject properties in this criminal forfeiture action are listed as follows: Duplin County Tax Collector, Ralph Heinze, Bank of America, and Branch Banking and Trust Company;

         AND WHEREAS, the subject $1, 176.00 U.S. currency was served while in the custody of the U.S. Treasury, Internal Revenue Service, on January 5, 2017;

         AND WHEREAS, service upon the subject real properties was executed by posting of the Preliminary Orders of Forfeiture on the properties by an agent of the United ...


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