UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA,

Plaintiff,

V.

One 2000 Honda Accord , VIN #IHGCF8542YA137003; )

One 2005 Denali Envoy, VIN # 1GKET63M452351248; )

Defendants. )

Civil No. 06-33-JD

FINAL ORDER OF FORFEITURE WITH RESPECT TO

2005 DENALI ENVOY, VIN # 1GKET63M452351248

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 defendant in rem 2005 Denali Envoy, VIN #

1 GKET63M452351248, including Narin Van, by serving her attorney, Brian R. Barrington on

April 21, 2006. According to the United States, Mr. Barrington had represented that he was

authorized to accept service on behalf of his client.

3. On May 2, 2006, the United States served a copy of the Complaint, along with the

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

GMAC/Semperian, the lienholder with regard to the defendant in rem 2005 Denali Envoy, VIN #

1 GKET63M452351248.

4. 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 .

Case 1:06-cv-00033-JD Document 59 Filed 07/25/06 Page 1 of 3
5. The only timely claimant asserting an interest in the defendant in rem 2005 Denali

Envoy, VIN # 1 GKET63M452351248 is GMAC/Semperian, which filed a timely claim, pursuant

to 18 U.S.C. § 983(a)(4)(A), on May 15, 2006. Claims based on notice by publication were due

no later than July 6, 2006 .

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

that the defendant in rem 2005 Denali Envoy, VIN # 1 GKET63M4523 51248, was 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 seq., and is subject to forfeiture under 21 U .S.C.

§ 881(a)(6) .

7. The Verified Complaint for Forfeiture In Rem also established probable cause to

believe that the defendant in rem 2005 Denali Envoy, VIN # 1GKET63M452351248, 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 s q., and is subject to forfeiture

under 21 U.S.C. § 881(a)(4).

IT IS HEREBY ORDERED, ADJUDGED AND DECREED :

A. That all right, title and itnerest to the defendant in rem 2005 Denali Envoy, VIN #

1GKET63M452351248 is 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 defendant in rem 2005 Denali Envoy, VIN # 1 GKET63M452351248 shall be

released to GMAC/Semperian in order that GMAC/Semperian may sell the defendant in rem

2005 Denali Envoy, VIN # 1 GKET63M4523 51248 and pay the United States any remainin g

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Case 1:06-cv-00033-JD Document 59 Filed 07/25/06 Page 2 of 3
proceeds after GMAC/Semperian's lien, including costs of sale, is satisfied by sending a check

made payable to the United States Marshals Service, 156 Federal Street, Portland, ME 04101,

from which amount the USMS shall deduct its costs related to this proceeding in accordance with

the applicable law and regulations. The remaining sales proceeds shall be deposited to 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 three certified copies of this Order 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 JUDG E

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July 25, 2006 /s/ Joseph A. DiClerico, Jr.

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