United States v. Approximately $447,420.00 in U.S. Currency

District Court, E.D. New York

United States v. Approximately $447,420.00 in U.S. Currency

Trial Court Opinion

INCLERRS Viiv □□ US DISTRICT COURT E.D.NY. rey ann sc UNITED STATES DISTRICT COURT * «FEB 4 LeU EASTERN DISTRICT OF NEW YORK □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ BROOKLYN OFFICE - UNITED STATES OF AMERICA, Plarntit, : MEMORANDUM DECISION . AND ORDER - against - : APPROXIMATELY $447,420.00 IN U.S. 2 ERGY 3028 (AMD) (EME) CURRENCY, Seized from Safe Deposit Box : #76100178, Held in the Name of Newton Croney, Defendant. nen nnn enn ene eeceneeneeenee OX ANN M. DONNELLY, United States District Judge: On June 14, 2019, the United States of America commenced this civil forfeiture action in rem, pursuant to

18 U.S.C. §§ 981

(a)(1)(A), 981(a)(1)(C), and

21 U.S.C. § 881

(a)(6), alleging that approximately $447,420.00 of seized funds (the “Defendant Funds”) were forfeited and condemned to the use and benefit of the United States of America. (ECF No. 1.) On September 5, 2019, the Clerk of Court entered a Certificate of Default (ECF No. 7) and the United States moved for a default judgment the next day (ECF No. 8). I referred the motion to United States Magistrate Judge Lois Bloom. On February 3, 2020, Magistrate Judge Lois Bloom recommended that I grant the Government’s motion for default judgment and issue the proposed default judgment and order of forfeiture (ECF No. 8-2) against the Defendant Funds Approximately $447,420.00 in U.S. Currency. (ECF No. 9.) No objections have been filed to the report and recommendation, and the time for doing so has passed. A district court “may accept, reject, or modify, in whole or in part, the findings or

recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). To accept those

portions of the report and recommendation to which no timely objection has been made, “a district court need only satisfy itself that there is no clear error on the face of the record.” Jarvis v. N. Am. Globex Fund L.P.,

823 F. Supp. 2d 161, 163

(E.D.N.Y. 2011) (internal quotation omitted). I have reviewed Judge Bloom’s thoughtful report and recommendation and find no error. Accordingly, I adopt the report and recommendation in its entirety, grant the Government’s motion for a default judgment, and issue the proposed default judgment and order of forfeiture (ECF No. 8-2).

SO ORDERED.

s/Ann M. Donnelly AnnM.Donnelly United States District Judge Dated: Brooklyn, New York February 18, 2020

Reference

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