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. $78

United States District Court, D. Montana, Billings Division

April 12, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
$78, 058.62 in U.S. Funds, Defendant.

          FINDINGS OF FACT, CONCLUSIONS OF LAW, DEFAULT JUDGMENT, AND ORDER OF FORFEITURE

          SUSAN P. WATTERS, UNITED STATES DISTRICT JUDGE.

         This matter is brought before this Court by Plaintiff, United States, by and through its attorney, Victoria L. Francis, Assistant U.S. Attorney for the District of Montana. The United States has filed a Motion for Entry of Default Judgment and Order of Forfeiture (Doc. 13) pursuant to Fed.R.Civ.P. 55(b)(2). Upon considering the pleadings filed herein, the Court makes the following Findings of Fact and Conclusions of Law.

         FINDINGS OF FACT

         1. On October 20, 2017, the United States instituted a judicial forfeiture action by filing in this cause a Verified Complaint in Rem against the defendant funds in the amount of $78, 058.62, to forfeit property under 18 U.S.C. §§ 981(a)(1)(C) and 1343 (wire fraud) asserting the defendant funds were proceeds constituting or derived from proceeds traceable to an offense constituting "specified unlawful activity" as defined in 18 U.S.C. 1956(c)(7). (Doc. 1)

         2. On October 25, 2017, the United States Marshal Service executed the Warrant of Arrest in Rem (Doc. 4) that was issued by this Court on October 25, 2017, and arrested the defendant funds. (USM-285, Doc. 5).

         3. On October 23, 2017, the United States provided "actual notice" of this civil asset forfeiture action by mailing the Notice of Complaint for Forfeiture and Verified Complaint In Rem (Doc. 3) to Reva Gardner and her Attorney, D. Michael Eakin, via first class U.S. mail and Certified mail to the addresses provided in her administrative claim.

         4. Notice of this forfeiture action was also provided to any and all unknown potential claimants by publishing on the government's asset forfeiture website the Notice of Forfeiture Action for 30 consecutive days, beginning on November 1, 2017, and ending on November 30, 2017. The "Notice of Forfeiture Action" provides in pertinent part as follows:

Any person claiming a legal interest in the Defendant Property must file a verified Claim with the court within 60 days from the first day of publication (November 1, 2017) of this Notice on this official government internet web site and an Answer to the complaint or motion under Rule 12 of the Federal Rules of Civil Procedure within 21 days thereafter....

(Dec. of Publication, Doc. 9, Alt. 1).

         5. Upon considering the United States' Motion for Entry of Default of Known Potential Claimants (Doc. 6), and the United States' Motion for Entry of Default of Unknown Potential Claimants (Doc. 10), the Clerk of District Court entered the default of Reva Gardner, on November 30, 2017, (Doc. 8) and the default of any and all unknown potential claimants, on January 3, 2018, (Doc. 12) for failure to timely file a verified claim and/or to answer or otherwise defend as required by the Supplemental Rules.

         6. The factual allegations set forth in paragraphs 1 through 64, Doc. 1 are verified by John Teeling, Special Agent for the Federal Bureau of Investigation. (Doc. l, pg.27)

         Based upon the foregoing findings of fact, the Court makes the following conclusions of law.

         CONCLUSIONS OF LAW

         7. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1345 and 1355(a). The United States has filed a Verified Complaint for Forfeiture in Rem to forfeit the defendant property under 18 U.S.C. ยง 981(a)(1)(C) and 1343, as proceeds constituting or derived from proceeds traceable to an ...


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.