United States District Court, W.D. North Carolina, Charlotte Division
D. Whitney Chief United States District Judge.
MATTER is before the Court on the United States of
America's Motion [Doc. 7], pursuant to Fed.R.Civ.P.
55(b)(2), for Default Judgment in this case. For good cause
shown, the Court will GRANT the Motion and enter Default
Judgment. In support hereof, the Court finds as follows:
3, 2019, the Government filed a verified Complaint for
Forfeiture in rem [Doc. 1] of the above-captioned
funds (hereafter “Funds”). The Government
contended that the Funds are proceeds of drug trafficking
and/or were used or intended to be used to facilitate drug
trafficking in violation of 21 U.S.C. §§ 841 and/or
846. Thereafter, the Clerk issued a Warrant of Arrest in
rem [Doc. 2] for the properties already in law
enforcement possession, all in compliance with Fed.R.Civ.P.
Supp. R. G(3)(b).
the Government provided notice by publication as to all
persons in the world with potential claims to the Funds.
Specifically, from June 5, 2019 through July 4, 2019, the
Government published notice via www.forfeiture.gov as shown
on the Submission of Declaration of Publication dated and
filed on July 5, 2019 [Doc. 3]. Based on that notice, the
deadline for filing claims was August 5, 2019. The Government
also submitted direct notice to individuals and entities with
potential claims to the Properties as shown on the Notice of
Service (Direct Notice) and filed on July 5, 2018 [Doc. 4].
Specifically, the Government provided direct notice to the
following known potential claimants who had been at the scene
of the seizure of the Funds and/or otherwise expressed an
interest in the Funds:
Latoya Sasha Danielle Scott
Damaris Kenta Simpson
these individuals to whom the Government sent direct notice
have filed a claim, and the time for filing a claim has
on the foregoing, process has been fully issued and returned
according to law and no other claims have been filed within
the time period provided by law. Therefore, on September 13,
2019 on Motion [Doc. 5] of the Government, the Clerk of Court
entered a default pursuant to Fed.R.Civ.P. 55(a) [Doc. 6].
Thus, default judgment is now appropriate.
Civ. P. 55(b) provides for entry of the requested Default
Judgment by the Court. Here, the United States has provided
notice of forfeiture in accordance with Federal Rules of
Civil Procedure, Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions, Rule G. Further, the
time period for filing claims has expired, and no claims have
been filed. Finally, the Clerk has entered default.
Therefore, the requested Default Judgment is appropriated.
ON THE FOREGOING FINDINGS, THE COURT CONCLUDES that the
Government is entitled to a Judgment of Forfeiture by Default
against the Defendant Property.
HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
Government's Motion for Default Judgment ...