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United States v. 10131 Grape Court

United States District Court, D. Colorado

January 16, 2020

THE UNITED STATES OF AMERICA, Plaintiff,
v.
1. 10131 GRAPE COURT, THORNTON, COLORADO, 2. 9849 JASPER STREET, COMMERCE CITY, COLORADO, 3. $118, 955.00 IN UNITED STATES CURRENCY, 4. $40, 030.00 IN UNITED STATES CURRENCY, 5. 2017 GMC SIERRA DENALI 2500, VIN 1GT12UEY3HF104690, 6. $10, 000.00 IN UNITED STATES CURRENCY SEIZED FROM JONATHAN MARTINEZ, 7. $10, 000.00 IN UNITED STATES CURRENCY SEIZED FROM MARCOS RAMIREZ, 8. $264.00 IN UNITED STATES CURRENCY, 9. $24, 500.00 IN UNITED STATES CURRENCY, 10. $4, 563.00 IN UNITED STATES CURRENCY, 11. MEN'S ROLEX WATCH, 12. 2011 PETERBILT 386 SEMI-TRACTOR, 13. $6, 378.75 SEIZED FROM U.S. BANK ACCOUNT NO. 103683996278, and 14. $45, 716.28 FUNDS SEIZED FROM WELLS FARGO BANK ACCOUNT NO. 7701126034, Defendants.

          FINAL ORDER OF FORFEITURE

          MICHAEL E. HEGARTY UNITED STATES MAGISTRATE JUDGE.

         THIS MATTER comes before the Court on the United States' Unopposed Motion for Final Order of Forfeiture (ECF 64). Having reviewed the Motion, the Court FINDS that:

         1. The United States commenced this action in rem pursuant to the civil forfeiture provisions of 21 U.S.C. § 881.

         2. The facts and verifications as set forth in the Verified Amended Complaint provide probable cause and an ample basis by a preponderance of the evidence for a final judgment and order of forfeiture as to the following Defendants (hereafter, collectively “Defendant Properties”):

a. 2017 GMC Sierra Denali 2500, VIN 1GT12UEY3HF104690;
b. $4, 563.00 in U.S. currency;
c. Men's Rolex Watch;
d. 2011 Peterbilt 386 Semi-Tractor; and
e. $6, 378.75 seized from U.S. Bank Account No. 103683996278.

         3. All known interested parties have been provided an opportunity to respond and that publication has been effected as required by Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.

         4. The United States and Claimants Richard Martinez and Jessica Rojas have reached a settlement and consent agreement resolving their interest and all issues in dispute as to the Defendant Properties.

         5. The United States and the lienholder for Defendant 2017 GMC Sierra Denali 2500, VIN 1GT12UEY3HF104690, have reached a settlement agreement, resolving the lienholder's interest and all issues as to Defendant 2017 GMC Sierra Denali 2500, VIN 1GT12UEY3HF104690.

         6. No other claims as to the Defendant Properties have been filed.

         7. It appears there is cause to issue a forfeiture order as the Defendant Properties under 21 U.S.C. § ...


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