United States District Court, D. South Carolina, Spartanburg Division
ORDER OF FORFEITURE
C. COGGINS, JR. UNITED STATES DISTRIC JUDGE
in rem forfeiture action was filed on September 24,
2018, concerning $40, 000 in United States currency (the
"Defendant Currency") seized on or about January
19, 2018, by the United States Drug Enforcement
Government served the known potential claimants, Kendrick
Lamont Harris and Sparkle Holmes, by providing them with
actual notice, as set forth in the Notice of Judicial
Forfeiture filed with the court on September 25, 2018 (Docket
Entry 6). A Verified Claim was filed by Kendrick Lamont
Harris ("Claimant") on December 17, 2018 (Docket
Entry 19). As set forth in the Declaration of Publication
filed with the court on November 2, 2018 (Docket Entry 13),
and in accordance with Supplemental Rule G(4), Fed.R, Civ.P.,
notice of this forfeiture action was published on an official
internet government forfeiture site,
"www.forfeiture.gov", for at least 30 consecutive
days, beginning on September 26, 2018, and ending on October
25, 2018. Any person claiming an interest in the Defendant
Currency was required to file a claim within sixty days after
the first date of such publication (by November 25, 2018).
All time limits for the filing of claims have now expired,
with no requests for extensions of such time limits having
been requested or granted.
United States and Kendrick Lamont Harris have reached the
following settlement. First, $6, 000.00 of the Defendant
Currency is to be returned to Kendrick Lamont Harris by the
United States issuing an electronic funds transfer payment in
that amount to a trust account held in the name of Andrew
Johnston Law Office, counsel for Claimant.Second, the
balance of the Defendant Currency, to wit, $34, 000.00, is to
be found and held forfeited, condemned, quit-claimed and
abandoned to the United States, and shall be disposed of by
the United States pursuant to law as a forfeited asset.
parties agree that each side shall bear its own costs.
THEREFORE, the Court being fully advised, and based on the
Stipulation for Compromise Settlement, which is incorporated
herein by reference, it is
ADJUDGED, AND DECREED, that:
persons and entities other than Kendrick Lamont Harris
claiming any right, title or interest in or to the Defendant
Currency are hereby held in default; and default judgment is
entered against them.
Subject to reduction by any offset through the Treasury
Offset Program, the United States Marshals Service shall
return $6, 000.00 of the Defendant Currency by electronic
fund transfer to a trust account held in the name of Andrew
Johnston Law Office, counsel for Claimant.
Pursuant to 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C)
and 21 U.S.C. § 881(a)(6), the balance of the Defendant
Currency, to wit, $34, 000.00, is hereby forfeited,
condemned, quit-claimed and abandoned to the United States of
Clear title in and to the aforesaid $34, 000.00 of the
Defendant Currency is hereby vested in the United States of
America, and no other right, title or interest exists
therein. All other claims in or to said $34, 000.00 of the
Defendant Currency are hereby forever foreclosed and barred.
$34, 000.00 of the Defendant Currency forfeited herein shall
be disposed of by the Government in accordance with law.