UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA, )

Plaintiff, )

v. ) Civil No. 06-33-JD

$16,480. 00 in U.S. Currency; )

One 2003 Honda CBR600 Motorcycle, VIN # )

JH2PC37093M010219; )

One 1999 Lincoln Navigator, VIN # )

5LMPU28L1XLJ11459; )

Defendants. )

FINAL ORDER OF FORFEITURE AS TO DEFENDANTS INREM

$16,480.00 IN U.S. CURRENCY; ONE 2003 HONDA CBR600 MOTORCYCLE,

VIN # JH2PC37093M010219; AND ONE 1999 LINCOLN NAVIGATOR,

VIN # 5LMPU28L1XLJ11459

1. This action in rem was brought on January 31, 2006.

2. The United States has represented that it served a copy of the Complaint, along with

the Notice of Complaint, Summons and Warrant of Arrest In Rem, and ECF Notices on all

known parties with a potential interest in the defendants in rem $16,480.00 in U.S. Currency;

One 2003 Honda CBR600 Motorcycle, VIN # JH2PC37093M010219; and One 1999 Lincoln

Navigator, VIN # 5LMPU28L1XLJ11459.

3. The U.S. Marshals Service caused a legal notice of this action in rem to be published

in the Boston Herald on May 23, 2006, May 30, 2006, and June 6, 2006.

4. The only timely claimant asserting an interest in the $16, 480.00 in U.S . Currency; One

2003 Honda CBR600 Motorcycle, VIN # JH2PC37093M010219; and One 1999 Lincoln

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Navigator, VIN # 5LMPU28L1XLJ11459 was Sim Say, who has assented to the relief granted in

this Order. Claims based on notice by publication were due no later than July 6, 2006.

5. The Verified Complaint for Forfeiture in Rem established probable cause to believe

that the defendants in rem $16, 480.00 in U.S. Currency; One 2003 Honda CBR600 Motorcycle,

VIN # JH2PC37093M010219; and One 1999 Lincoln Navigator, VIN # 5LMPU28L1XLJ11459

were furnished or intended to be furnished in exchange for controlled substance, in violation of

Title II of the Controlled Substances Act, 21 U. S.C. § 801 et seeq., and are subject to forfeiture

under 21 U.S.C. § 881(a)(6), and that the defendant in rem One 1999 Lincoln Navigator, VIN #

5LMPU28L1XLJ11459 was a conveyance which was used, or intended for use, to transport, and

in any manner to facilitate the transportation , sale, receipt, possession, and concealment of

controlled substances , in violation of Title II of the Controlled Substances Act, 21 U. S.C. § 801

et seeq. , and is subject to forfeiture under 21 U.S.C. § 881(a)(4).

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

A. That all rights , title and interests to the defendants in rem $16,480.00 in U.S.

Currency; One 2003 Honda CBR600 Motorcycle, VIN # JH2PC37093M010219; and One 1999

Lincoln Navigator, VIN # 5LMPU28L1XLJ11459 are hereby condemned, forfeited and vested in

the United States of America pursuant to 21 U.S.C. §§ 881(a)(4) and (6), free from the claims of

any other party.

B. That the defendants in rem $16, 480.00 in U.S. Currency; One 2003 Honda CBR600

Motorcycle, VIN # JH2PC37093M010219; and One 1999 Lincoln Navigator, VIN #

5LMPU28L1XLJ11459 shall be disposed of by the United States Marshals Service (USMS) in

accordance with the applicable law and regulations . The vehicles may be placed into official use,

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pursuant to the applicable law and regulations . Any liquidated funds , less costs to the USMS

associated with the defendants in rem shall be deposited into the Department of Justice Asset

Forfeiture Fund in accordance with Title 28, United States Code, Section 524(c) and Title 21,

United States Code, Section 881(e).

The Clerk is hereby directed to send two certified copies of this Order to the United

States Marshals Service, one certified copy to the United States Attorney's Office, Attention:

Assistant U.S. Attorney Jean B. Weld, and a copy to all counsel of record.

Dated:

UNITED STATES DISTRICT JUDGE

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February 21, 2007 /s/ Joseph A. DiClerico, Jr.

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