Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Approximately $96

United States District Court, W.D. North Carolina, Charlotte Division

January 9, 2018

UNITED STATES OF AMERICA
v.
Approximately $96, 512.18 in funds seized from Bank of America Account XXXXXXXX7324, such account held in the name of Berkeley Hughes & Associates, LLC; Approximately $6, 986.68 in funds seized from Bank of America Account XXXXXXXX1232, such account held in the name of Cedric D. Clark; Approximately $222, 250.58 in funds seized from State Employees' Credit Union Account XXX5092, such account held in the name of Haldren Clark, Cedric Clark, and Donald Clark; Approximately $343.00 in funds seized from State Employees' Credit Union Account XXX8511, such account held in the name of Haldren Clark, Cedric Clark, Donald Clark; One 2006 Sea Ray, 320 Sundancer boat, Hull Number SERT7457I506; and Approximately $5, 720 in United States Currency seized from 6557 Derby Ln NW, Concord, North Carolina.

          ORDER

         THIS 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. 28).

         I. BACKGROUND

         On September 29, 2015, the United States filed a Complaint (Doc. No. 1; “the Complaint”) against the majority of the defendant properties captioned above. The Complaint alleged that the properties constituted or were derived from proceeds of wire fraud in violation of 18 U.S.C. § 1343 and conspiracy to commit same in violation of 18 U.S.C. § 371, and properties involved in money laundering and monetary transactions in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i) and 1957, and were therefore subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C). On May 2, 2016, the United States filed an Amended Verified Complaint for Forfeiture In Rem (Doc. No. 16; “the Amended Complaint”), adding $36, 087.66 seized later in the investigation from Berkeley Hughes & Associates, LLC Bank of America Account XXXXXXXX7324 as a defendant property. (Doc. No. 16).

         From October 9, 2015 through November 7, 2015, the Government provided Notice by Publication of forfeiture of all of the assets in the Complaint.[1] (Doc. No. 8). Further, the Government mailed direct notice of forfeiture, (Doc. Nos. 11, 22), of all of the assets to the following individuals and entities:

• Cedric DeMon Clark;
• Donald Calvin Clark, Jr.;
• Haldren Clark;
• Berkeley Hughes & Associates, LLC;
• Card Processing Services, LLC;
• Capital Solutions Agency, LLC.

Ultimately, only Haldren Clark, Cedric Clark, and Berkeley-Hughes & Associates filed Claims. (Doc. Nos. 5, 9, 10, 17). The Government settled with Haldren Clark via a Consent Order and Judgment. (Doc. No. 22). Further, Cedric Clark and Berkeley Hughes withdrew. (Doc. Nos. 24, 25) their Claim.

         Therefore, the following properties remain for forfeiture, notice of forfeiture of the properties has been properly published and directly provided, there are no claims remaining as to the properties, and the time for filing claims has expired:

• Approximately $60, 424.52 in funds seized from Bank of America Account XXXXXXXX7324, such account held in the name of Berkeley Hughes & Associates, LLC;
• Approximately $6, 986.68 in funds seized from Bank of America Account XXXXXXXX1232, such account held in the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.