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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,
Approximately $11, 319 in funds seized from Edmond Allerdyce at the Charlotte Douglas Airport.
ANDREW MURRAY UNITED STATES ATTORNEY Tiffany Mallory Moore
Assistant United States Attorney
Edmond Allerdyce Administrative Claimant
Carne Hagin Attorney for Mr. Edmond Allerdyce
J. CONRAD JUDGE
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.
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
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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