(973) 645-2927

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA, : Hon. Claire C. Cecchi, U.S.D.J.

Plaintiff, : Civil Action No. 11-2850

DEFAULT JUDGMENT AND

$264,620.00 IN UNITED STATES FINAL ORDER OF FORFEITURECURRENCY

Defendant in rem.

WHEREAS, on May 18, 2011, a Verified Complaint for Forfeiture In rem was filed in

the United States District Court for the District of New Jersey against a total of $264,620.00 in

United States currency (hereinafter “defendant property”) to enforce the provisions of 18 U.S.C. §

981 el seq., which provides for the forfeiture of any property, real or personal, involved in a

transaction or attempted transaction in violation of 18 U.S.C. § 1956 and 1957, or any property

traceable to such property, and 21 U.S.C. § 881 (a)(6), which subjects to forfeiture to the United

States all moneys, negotiable instruments, securities, or other things of value furnished or intended

to be furnished in exchange for a controlled substance, or is proceeds traceable to such an

exchange, and all moneys, negotiable instruments, and securities used or intended to be used to

facilitate a violation ofthe Controlled Substances Act, 21 U.S.C. § 801 el seq.; and
WHEREAS, on or about May 25, 2011, copies ofthe Verified Complaint for Forfeiture

In Rem, Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified mail, return

receipt requested to Terence A. Redmond, Esq., Law Office of Terence A. Redmond, 473

Jackson Street, San Francisco, California 94111, attorney for Roberto Ahmed Perez (See

Declaration of Peter W. Gaeta with Exhibits, Exhibit A, hereinafter “Gaeta Dccl.”

filed herein); and

WHEREAS, on or about May 27, 2011, copies of the Verified Complaint for Forfeiture

In Rem, Warrant for Arrest In Rem, and a Notice of Forfeiture were received at the office of

Terence A. Redmond, Esq., Law Office ofTerence A. Redmond, 473 Jackson Street, San

Francisco, California 94111, attorney for Roberto Ahmed Perez (Id.); and

WHEREAS, pursuant to Rule G(4)(a)(iv)(C), a Notice of Civil Forfeiture was posted on

an official government internet site (www.forfeiture.gov) for at least 30 consecutive days,

beginning on May 26, 2011, further notifying all of their right to file a conforming claim with the

Court within sixty (60) days for a hearing to adjudicate the validity of their alleged legal interest

in the property (Gaeta Dccl., Exhibit B); and

WHEREAS, in order to avoid forfeiture ofthe defendant property, any person claiming

an interest in, or right against, the defendant property must file a conforming Claim under penalty

of perjury identifying the specific property claimed, identifying the claimant and stating the

claimant’s specific interest in the property in the manner set forth in Rule G(5)(a) of the

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be filed later than June 29, 2011, or, as applicable, no later than 35 days after the date notice of

the complaint is sent, or, as applicable, no later than 30 days after the date of final publication ofthe notice ofthe filing ofthe complaint on the official internet government forfeiture website,

namely http:I/wve.’w. forfeiture.gov; and

WHEREAS, on August 8, 2011, the Clerk of the Court entered default against potential

claimant Roberto Ahrned Perez who had received direct notice ofthis action, and did not file a

claim within the time required by Rule O(5)(a) ofthe Supplemental Rules for Admiralty or

Maritime Claims and Asset Forfeiture Actions for those who receive direct notice. See Clerk’sEntry of Default, dated August 8,2011; See also ECF Docs. 6, 6-1; and

WHEREAS, no conforming claim has been filed within the time permitted by Rule 0(5)

of the Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims, Federal Rules

of Civil Procedure and 18 U.S.C. § 983(a)(4)(A) by any potential claimant in this matter; and

NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED:

1. That a Default Judgment and a Final Order of Forfeiture is granted against the

defendant property, namely $264,620.00 in United States currency, and no right, title or interest in

the defendant property shall exist in any other party; and

2. That any and all forfeited finds, including but not limited to currency, currency

equivalents and certificates of deposits, as well as any income derived as a result of the United

States Marshals Service’s management of any property forfeited herein, after the payment of

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ofJustice Asset Forfeiture Fund, in accordance with the law.

The Clerk is hereby directed to send copies to all counsel ofrecord.

ORDERED this ( day of i)c C; 2011

L

HONORABLE CLAIRE C. CECCHI, U.S.D.J.

UNITED STATES DISTRICT COURT

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