-GRS United States Of America v. $21,408.00 in U.S. Currency et al, No. 4:2010cv00138 - Document 39 (S.D. Ga. 2011)

Court Description: CONSENT ORDER OF FORFEITURE AND FINAL JUDGMENT granting 38 Motion for Forfeiture of Property. Signed by Judge B. Avant Edenfield on 08/25/2011. (lmm)

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-GRS United States Of America v. $21,408.00 in U.S. Currency et al uase 4:1U-cv-UU1i-UAIz -(iF<i Liocument i-i 1-ileci Uö/411 1 l-'age 1 01 3 U.S. L' IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION Doc. 39 C:URI 2611AUC25 Al UNITED STATES OF AMERICA, 9:10 - Plaintiff, V. ('lvii. NO. 4:10-138 $21.408.00 in U-S. CURRENCY, and $161.010.00 in U.S. CURRENCY. Defendants. CONSENT ORDER OF FORFEITURE AND FINAL JUDGMENT On or about January 6. 2010. $21,408.00 in United States Currency and $16 1 .0 10.00 in United States Currency (collectively $182,418.00, or "the Defendant Currency') was seized from a 2005 Lincoln Town Car bearing a New Jersey license plate number ZI3N65K. On June 7, 2010. the United States initiated these judicial proceedings by filing a Complaint for Forfeiture in Rem against the Defendant Currency pursuant to 21 U.S.C. § 881(a)(6). (Doe. I) Jason Andrew Najdek (hereinafter, the Claimant), was served through his attorney of record. Amit M. Navare, Esq., with a copy of the Complaint and other pertinent documents prior to June Ii, 2010. In addition to providing Claimant with personal notice that a Complaint for Forfeiture in Rem had been filed, the United States notified all other potential claimants by publishing notice on the government interenet wcbsite, wwwibrfciiure.gv, beginning on May 13. 2011. (See Exhibit A) Dockets.Justia.com uase 4:1U-cv-UU10-Wth -< Document i-1 1-ilea Uö/Z4/1 1 l-'age 01 3 No one, other than Claimant, has made claim to or filed a Claim or Answer, and the time in which to do so has expired. Thereafter, the parties entered into a Stipulation of Settlement and Release of All Claims. resolving all the issues raised in the Complaint. (See Exhibit B) Specifically, the parties agree that the United States shall return to Claimant $152,418.00 of' the Defendant Currency. The parties further stipulated that the remaining portion of the Defendant Currency, specifically $30,000.00. shall be forfeited to the United States, and that this shall constitute a full and final settlement of all claims that Claimant has as a result of the seizure. WhEREFoRE, the Court hereby finds that the United States has furnished due and legal notice of the proceeding as required by statute, and that all persons known to the United States to have a possible interest in the Defendant Currency, have received actual notice and service ol'thc Complaint in this action. Therefore, IT IS HEREBY ORDERED AS FOLLOWS: I. A Final Judgment of Forfeiture is hereby entered in favor of the United States against $30,000.00 of United States Currency, which shall be disposed of by the United States according to law and the terms of this Order. 2. The United States Marshals Service shall return to Claimant $152,418.00 ol'thc Defendant Currency. Claimant shall not be entitled to receive any lurther payment from the United States as a result of the seizure. 3. The parties shall be responsible for payment of their own expenses. including attorney's fees, incurred in connection with this proceeding. 4. For the purpose of enforcing this Order, the United States District Court shall retain jurisdiction for 30 days. '1 uase 4:lu-cv-UUlio-tiAt -(il-IS L)ocument .iti-1 filed Ui/4/1 1 HagejoT6 SO ORI)FRED, this day of 2011. in United Stales / America v. $21,408.00 in United States Currency and $161. 010. (JO in United States ('zirren HZ3.AVIEN.EI( UNITEDSTATES 1)1ST IC'I' J )GE SOUTHERN DISTRICT OF GEORGIA CONSENTED TO: EDWARD J. TARVER UNITED STATES ATTORNEY 7J Ruth 11. Young Assistant United-Kates Attorney Georgia Bar No. 198489 P.O. Box 8970 Savannah, GA 31412 (912) 652-4422 Steven L. Beauvais, Esq. Attorney for Jason Andrew Najdek Georgia Bar No. 045709 301 West York Street Savannah, GA 31412 (912) 232-3770 Jason Andrew Najek, Claimant Prepared by: Ruth If. Young Assistant United States Attorney (icorgia Bar No. 198489 U.S. v. $21,408.00 in United States Currency. el al. CV4IO-138

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