U.S. v. $7,097.44 IN UNITED STATES CURRENCY SEIZED FROM BOEING EMPLOYEES CREDIT UNION MEMBER ACCOUNT NO. XXXXXX6414

No. C14-1099RSL.

UNITED STATES OF AMERICA, Plaintiff, v. $7,097.44 IN UNITED STATES CURRENCY SEIZED FROM BOEING EMPLOYEES CREDIT UNION MEMBER ACCOUNT NO. XXXXXX6414, HELD IN THE NAME OF ERIC J. SMITH; et al., Defendants.

United States District Court, W.D. Washington, Seattle.

Editors Note
Applicable Law: 18 U.S.C. § 0981
Cause: 18 U.S.C. § 0981 Civil Forfeiture - Gambling, etc.
Nature of Suit: 690 Forfeit / Penalty: Other
Source: PACER


Attorney(s) appearing for the Case

United States of America, Plaintiff, represented by Richard Edward Cohen , US ATTORNEY'S OFFICE.

Yolanda Smith, Claimant, Pro Se.


[Proposed]

JUDGMENT OF FORFEITURE AS TO ALL REMAINING DEFENDANT PROPERTY

ROBERT S. LASNIK, District Judge.

On July 18, 2014, the United States filed a Complaint for Forfeiture in rem, against the following defendant property in this matter:

1. $7,097.44 in United States Currency seized from Boeing Employees Credit Union Member Account No. XXXXXX6414, held in the name of Eric J. Smith, (hereinafter referred to as "the defendant property.")

In its complaint, the United States alleges that the defendant property is subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(1)(A) and Title 31, United States Code, Section 5317(c)(2), for violations of Title 18, United States Code, Sections 1956(a)(2), 1956(a)(1)(A)(i), 1956(a)(1)(B)(i), and Title 31, United States Code, Section 5324(a)(3).

On July 18, 2014, the United States filed a Notice of Complaint for Forfeiture In Rem in which all interested persons were advised to file their claims pursuant to Supplemental Rule G(5) of the Federal Rules of Civil Procedure with the Clerk of the Court within thirty-five (35) days after the date of service of the complaint and to serve their Answers to the Complaint within twenty-one (21) days after filing a claim.

Notice of the forfeiture action was published on the www.forfeiture.gov website for at least thirty (30) consecutive days, starting on August 14, 2014. All interested persons were advised to file their claims pursuant to Supplemental Rule G(5) of the Federal Rules of Civil Procedure with the Clerk of the Court within sixty (60) days after the first date of publication and to serve their Answers to the Complaint within twenty-one (21) days after filing a claim.

Notice was effected on potential claimant, Eric Smith, pursuant to the Federal Rules of Civil Procedure Supplemental Rule G(4)(b)(iii)(B) on August 11, 2014, by mailing copies of the Verified Complaint for Forfeiture in rem, and Notice of Complaint for Forfeiture and Warrant of Arrest in rem, via certified mail return receipt requested.

On September 7, 2014, Yolanda P Smith, filed a Claim of Ownership to the $2,008.03 in United States Currency seized from Bank of America Account No. XXXX0188, held in the name of Eric Smith and Yolanda Smith. In her Claim, Ms. Smith stated "I have no interest in the Boeing Employees Credit Union account No. XXXXXX6414."

On November 18, 2016, this Court approved a Stipulated Settlement Agreement between the United States and Claimant Yolanda Smith wherein the United States agreed to return the $2,008.03 in U.S. Currency seized from Bank of America Account no. XXXX0188, held in the name of Eric Smith and Yolanda Smith. Claimant Yolanda Smith agreed she had no interest in the $7,097.44 in United States Currency seized from Boeing Employees Credit Union Member Account No. XXXXXX6414, held in the name of Eric J. Smith, and further agreed not to oppose a Motion for Judgment of Forfeiture of the defendant property.

More than thirty-five (35) days have elapsed since Eric Smith was served with the Complaint and related documents, and more than sixty (60) days have passed since notice of the forfeiture action was published. Further, Eric Smith's interest in the defendant property was forfeited by Preliminary Order of Forfeiture entered in the related matter U.S. v. Eric Smith, Western District of Washington, Court Case o. CR15-0282-MJP.

All persons and entities believed to have an interest in the remaining defendant property were given proper notice of the intended forfeiture. No other claim of interest has been received as to the remaining defendant property, the time allowed for filing of such a claim has expired, and all claimants that have come forward have settled their claims.

Now, therefore on motion by the Plaintiff, United States of America, for a Judgment for Forfeiture as to the remaining Defendant property, it is hereby

ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction over this action under Title 28, United States Code, Sections 1345 and 1355, and venue pursuant to Title 28, United States Code, Section 1395.

2. Pursuant to Title 18, United States Code, Section 981(a)(1)(A) and Title 31, United States Code, Section 5317(c)(2), the following property is hereby forfeited to the United States of America, and no right, title, or interest in the defendant property shall exist in any other party:

$7,097.44 in United States Currency seized from Boeing Employees Credit Union Member Account No. XXXXXX6414, held in the name of Eric J. Smith.

3. The United States Department of Justice, and/or its agents and representatives, shall dispose of the defendant property in accordance with the law.


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