United States District Court, W.D. North Carolina, Charlotte Division
J. Conrad, Jr. United States District Judge.
MATTER is before the Court on the United States of
America's Motion, pursuant to Fed.R.Civ.P. 55(b)(2),
requesting that the Court enter Default Judgment as to the
assets identified herein in this case, (Doc. No. 13).
12, 2017, the Government filed a verified Complaint for
Forfeiture In Rem (Doc. No. 1) against the Defendant Funds.
In the Complaint, the Government contends that the Defendant
Funds constitute or are derived from proceeds of fraud and
property involved in money laundering related to a business
e-mail compromise scam against a public university. The Clerk
issued a Warrant (Doc. No. 2) for the Defendant Funds, which
were already in the Government's possession.
1, 2017, the United States sent direct notice, (Doc. No. 9),
to those individuals who the United States determined
reasonably appeared to be potential claimants. The United
States sent the notice via United States Postal Service
Certified Mail, Return Receipt Requested, to the potential
claimants' last known addresses. The United States
notified each potential claimant of this forfeiture action
and of the Government's intent to dispose of the
forfeited property in accordance with the law, and of the
right to submit a verified claim to this Court within 35 days
after the Complaint was sent to potential petitioners.
Further, as to all persons in the world with potential claims
to the Defendant Funds, the United States published notice
online via www.forfeiture.gov from July 4, 2017
through August 2, 2017, as shown on the Submission of
Declaration of Publication. (Doc. No. 10).
October 10, 2017, on Motion (Doc. 11) of the Government, the
Clerk of Court issued an Entry of Default (Doc. 12).
persons or entities have filed a claim or answer within the
time required by the Complaint, the direct notice, the public
notice, or Supplemental Rule G of the Supplemental Rules for
Certain Admiralty and Maritime Claims. Further, the time for
filing claims pursuant to direct notice or notice by
publication has expired. Under such circumstances, Rule
55(b)(2) provides for the Court to enter a Default Judgment.
Further, under such circumstances, final forfeiture is
IS, THEREFORE, ORDERED that:
government's motion for default judgment of forfeiture is
and all right, title and interest of all persons in the world
in or to the following property is hereby FORFEITED
to the United States; and no other right, title, or
interest shall exist therein:
• Approximately $961, 308.93 in funds seized from JP
Morgan Chase Account XXX5580, such account held in the name
of Royce Hub Trading, Inc.
• Approximately $38, 910.23 in funds seized from Bank of
America Account XXX7847, such account held in the name of UAV