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United States of America v. 126 Drums of Honey Seized On April 4

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


May 10, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
126 DRUMS OF HONEY SEIZED ON APRIL 4, 2008, IN MINNEAPOLIS, MINNESOTA; 449 DRUMS OF HONEY SEIZED ON MAY 30, 2008, IN GLENVIEW, ILLINOIS; 551 DRUMS OF HONEY SEIZED ON JUNE 24, 2008, IN GLENVIEW, ILLINOIS; 256 DRUMS OF HONEY SEIZED ON JULY 22, 2008, IN TACOMA, WASHINGTON; 189 DRUMS OF HONEY SEIZED ON SEPTEMBER 18, 2008, IN BENSENVILLE, ILLINOIS; 124 DRUMS OF HONEY SEIZED ON SEPTEMBER 23, 2008, IN MINNEAPOLIS, MINNESOTA; 126 DRUMS OF HONEY SEIZED ON NOVEMBER 12, 2008, IN EAGAN, MINNESOTA; 174 DRUMS OF HONEY SEIZED ON DECEMBER 12, 2008, IN ITASCA, ILLINOIS; AND 446 DRUMS OF HONEY SEIZED ON DECEMBER 12, 2008, IN ITASCA, ILLINOIS, DEFENDANTS IN REM.

The opinion of the court was delivered by: Judge Robert W. Gettleman

DECREE OF FORFEITURE

This cause coming before the court on the United States of America's motion for the entry of a decree of forfeiture, and due notice having been given, and the court having been fully advised in the premises, this court finds as follows:

1. This in rem civil forfeiture case against the defendant property was commenced on September 4, 2009 by the filing of a verified complaint.

2. Process was duly served and notice was published by the United States as required by Rule G(4)(a), Supplemental Rules for Admiralty and Maritime Claims for Forfeiture Actions.

3. On October 19, 2009, Alfred L. Wolff, Incorporated ("Wolff") filed a claim to the defendant property. On April 28, 2011, Wolff filed a motion to withdraw the claim. The court granted that motion and allowed Wolff to withdraw its claim on May 4, 2011.

4. No other party filed a claim to the defendant goods.

5. Based on the second amended verified complaint filed March 24, 2011, and the attached affidavit of Matthew Gauder of the United States Department of Homeland Security, Immigration and Customs Enforcement, the United States has established that the defendant property was knowingly imported or brought into the United States in violation of Title 18, United States Code, Sections 542 and 545(a)(6) and is therefore forfeitable to the United States pursuant to the provisions of Title 18, United States Code, Section 981(a)(1)(C).

Accordingly, it is hereby ORDERED, ADJUDGED and DECREED that:

A. A judgment of default is hereby entered against the defendant property;

B. All persons or entities claiming right, title or interest in the aforementioned defendant property are held in default;

C. The defendant property is hereby forfeit to the United States of America pursuant to 18 U.S.C. § 981(a)(1)(C) and shall be disposed of by the United States Department of Homeland Security according to law;

D. The Court shall retain jurisdiction over this matter to take additional action and enter further orders as necessary to implement and enforce this order.

ENTERED:

ROBERT W. GETTLEMAN United States District Judge

20110510

© 1992-2011 VersusLaw Inc.



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