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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02613-DME-MEH

UNITED STATES OF AMERICA,

Plaintiff,

v.

$782,893.49 IN UNITED STATES CURRENCY,

Defendant.

______________________________________________________________________

MOTION FOR DEFAULT AND FINAL ORDER OF FORFEITURE

COMES NOW the United States of America (the "United States"), by United 

States Attorney John F. Walsh and Assistant United States Attorney Martha A. Paluch, 

and pursuant to Fed.R.Civ.P. 55 and 18 U.S.C. § 981, moves for default and final order 

of forfeiture of defendant $782,893.49 in United States Currency in favor of the United 

States. In support, Plaintiff states:

1. On October 6, 2011, the United States filed its Verified Complaint seeking 

forfeiture of defendant $782,893.49 in United States Currency pursuant to 18 U.S.C. 

§ 981(a)(1)(C). (Doc. 1). All of the sworn statements in the complaint establish by a 

preponderance of the evidence, ample probable cause for a judgment of forfeiture.

2. On October 18, 2011, the United States mailed notice of this forfeiture 

action to the only known potential claimant, A Plus Billing, Inc., at the only address 

associated with A Plus Billing, Inc., as evidenced by the Certificate of Service filed with 

the Court on October 18, 2011. (Doc. 6). As set forth in the complaint, A Plus Billing, 

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Inc. was a False Front Provider engaged in fraudulent billing to Medicare. This address 

has been determined by law enforcement to simply be a virtual office “mail drop” for A 

Plus Billing, Inc. This virtual office was shut down shortly after the defendant currency 

was seized, and no forwarding address is available.

3. Notice of this forfeiture action was further posted on an official government 

internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning on October 

23, 2011, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or 

Maritime Claims and Asset Forfeiture Actions. This rule requires the United States to 

provide notice to any potential unknown third parties. See Notice of Publication, filed 

with the Court on November 30, 2011. (Doc. 7).

4. On October 28 and 31, 2011, the Notice of Complaint for Forfeiture mailed 

to A Plus Billing, Inc. was returned to the United States, with notations on the envelopes

indicating that A Plus Billing, Inc. was no longer at this address, and the Postal Service 

was unable to forward the packages. Law enforcement has been unable to ascertain 

any further information on the existence, or a location, of A Plus Billing, Inc.

5. To date, no claim, answer, or other responsive pleading has been filed as 

to defendant $782,893.49 in United States Currency.

7. Entry of Default was entered on January 5, 2012, by the Clerk of the 

Court. (Doc. 9).

8. Upon entry of the Final Order of Forfeiture, the United States requests that 

the Clerk of Court be directed to enter Judgment as to defendant $782,893.49 in United 

States Currency, in favor of the United States.

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WHEREFORE, the United States prays for default and final order of forfeiture of 

defendant $782,893.49 in United States Currency in favor of the United States, for entry 

of a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, and to direct the 

Clerk of Court to enter Judgment as to defendant $782,893.49 in United States 

Currency for the reasons set forth above. 

DATED this 5th day of January, 2012.

Respectfully submitted,

JOHN F. WALSH

United States Attorney

 By: s/ Martha A. Paluch 

MARTHA A. PALUCH

Assistant United States Attorney

1225 Seventeenth Street, Ste. 700

Denver, Colorado 80202

Telephone: (303) 454-0100

E-mail: martha.paluch@usdoj.gov

Attorney for Plaintiff

CERTIFICATE OF MAILING

I hereby certify that on this 5th day of January, 2012, a true copy of the foregoing 

was mailed via regular mail and certified mail return receipt requested to:

A Plus Billing, Inc.

600 17th Street

Suite 2800 South

Denver, Colorado 80202

s/ Judith L. Harding 

FSA Records Examiner

Office of the U.S. Attorney

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