United States District Court, W.D. North Carolina, Charlotte Division
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).
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).
October 9, 2015 through November 7, 2015, the Government
provided Notice by Publication of forfeiture of all of the
assets in the Complaint. (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
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 ...