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United States v. Approximately $11

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

April 13, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
Approximately $11, 319 in funds seized from Edmond Allerdyce at the Charlotte Douglas Airport.

          R. ANDREW MURRAY UNITED STATES ATTORNEY Tiffany Mallory Moore Assistant United States Attorney

          Mr, Edmond Allerdyce Administrative Claimant

          Ms. Carne Hagin Attorney for Mr. Edmond Allerdyce

          CONSENT JUDGMENT

          ROBERT J. CONRAD JUDGE

         THIS MATTER is before the Court by consent of the United States of America, by and through R. Andrew Murray, United States Attorney for the Western District of North Carolina and Edmond Allerdyce ("Allerdyce"), through counsel, pursuant to 18 U.S.C. § 983(d) and Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, The Government and Allerdyce have consented to this Consent Order for Third Party Claim as a final adjudication and settlement of all matters with regard to forfeiture of the property identified in this case.

         The parties have STIPULATED AND AGREED and the COURT FINDS AS FOLLOWS:

1. The Government has alleged in its September 25, 2017 Complaint for Forfeiture In Rem (Doc. 1) that the property identified in the Complaint, consisting of seized funds, is proceeds traceable to offenses constituting specified unlawful activity as defined by the money laundering statute and subject to forfeiture under 18 U.S.C. § 1956(c)(7) and 18 U.S.C. §981(a)(1)(C) and this Court has authorized the seizure of the property.
2. Mr. Allerdyce is an Administrative Claimant and has filed neither a Claim nor an Answer in the instant action. In essence, without challenging or agreeing with the allegations about the offenses that form the basis of the forfeiture action, Allerdyce argues that the funds are his legitimate property.
3. As of the last day to file claims, November 7, 2017, no other party has filed a claim for the funds in which Allerdyce asserts an interest.
4. The Government has, after reviewing Allerdyce's statements under penalty of perjury and the materials he provided, determined that the totality of the circumstances in the instant case warrant a resolution of this matter regarding the one-time violation of §1956. Further, as of the date on which this Consent Order was signed by Government counsel, Government counsel has not obtained information to dispute Allerdyce's claims regarding the offenses set forth in the Complaint.
5. By entering into this Consent Order, Allerdyce agrees to, upon receipt of the Defendant currency, release and forever discharge his interest in all remaining property in this case, $11, 319.00. In exchange for release of the interest, the Government agrees to pay Allerdyce $3, 961.65.
6. The payment to Allerdyce shall be in full settlement and satisfaction of all claims by Allerdyce in this action and all claims against the United States resulting from the incidents or circumstances giving rise to this action.
7. Allerdyce agrees not to pursue against the United States any rights that it may have on the property in this case. Allerdyce agrees to withdraw his claim in the preceding administrative forfeiture proceeding regarding the Defendant currency. Allerdyce understands and agrees that the United States reserves the right to terminate the forfeiture action at any time.
8. The Government and Allerdyce waive any rights to further litigate between each other in this forfeiture action and agree that this Consent Order shall be in full settlement and satisfaction of all claims between ...

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