United States v. $56,560.00 in U.S. Currency

• Decision Date: 03 April 2014
• Docket Number: 13 Civ. 6175 (JPO)
• Parties: UNITED STATES OF AMERICA, Plaintiff, v. $56,560.00 IN UNITED STATES CURRENCY, Defendant-in-rem.
• Court: U.S. District Court — Southern District of New York

UNITED STATES OF AMERICA, Plaintiff,
v.
$56,560.00 IN UNITED STATES CURRENCY, Defendant-in-rem.

13 Civ. 6175 (JPO)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Dated: April 3, 2014

OPINION AND ORDER

J. PAUL OETKEN, District Judge:

This action seeks civil forfeiture of $56,560.00 under the Civil Asset Forfeiture Reform Act, 21 U.S.C. § 881. The government commenced this action by filing a verified complaint on September 3, 2013. The complaint states detailed facts that are sufficient to support a reasonable belief that the government would be able to satisfy its burden of proof at trial.¹ The same day this action was filed, the government sent all known potential claimants notices stating that they may have an interest in this action and explaining the procedure for contesting the forfeiture. These notices were sent by certified mail, return receipt requested, to:

a. Peter Verby, Esq.
305 Broadway, Suite 804
New York, New York 10007
b. Peter Verby, Esq.
236 West 30th Street #5
New York, New York 10001
c. Nelson R. Cabrera
139 East 45th Street
New York, New York 10017

Page 2

d. Nelson R. Cabrera
6135 98th Street, Apartment 2J
Rego Park, New York 11374
e. Nelson R. Cabrera
325 S. Biscayne Blvd., Apt. 4215
Miami, Florida 33131
f. Orly Mamann
6135 98th Street, Apartment 2J
Rego Park, New York 11374

And on January 17, 2014, the same notices were sent to:

g. Zaki Isaac Tamir
Shapiro Tamir Law Group PLLC
30 Broad Street, 14th Floor
New York, New York 10004
h. Nelson R. Cabrera
6135 98th Street, Apartment 2J
Rego Park, New York 11374

Furthermore, beginning September 6, 2013, the government posted notice of this action and the procedure for contesting the forfeiture on www.forfeiture.gov for thirty consecutive days. No party has come forward to contest the forfeiture. The government now moves for default judgment. The motion is granted.²

Page 3

It is hereby ORDERED that judgment by default be entered against the Defendant in rem. The Defendant in rem is forfeited to the United States of America. The Clerk of Court is directed to close this action without costs or fees to any party.

SO ORDERED.

Dated: New York, New York
April 3,...