ORTRIE SMITH, District Judge
Pending is the Government's Motion for Final Judgment of Forfeiture (Doc. # 135). For the following reasons, the Government's motion is granted.
On February 7, 2000, a Complaint for Forfeiture In Rem was filed by the United States of America seeking forfeiture of the defendant currency pursuant to 21 U.S.C. § 881(a)(6). Process was fully issued in this action and returned according to law. Pursuant to a warrant for arrest of property issued by this Court, the United States Marshal for the Western District of Missouri arrested said currency on February 9, 2000.
On May 31, 2001, the United States filed an Amended Complaint for Forfeiture In Rem, seeking forfeiture of the defendant currency pursuant to 21 U.S.C. § 881(a)(6) and 31 U.S.C. § 5317(c). Count One of the Amended Complaint alleged that the defendant currency was furnished or intended to be furnished in exchange for a controlled substance in violation of subchapter I of Chapter 13, Title 21, United States Code, was traceable to such an exchange, or was used or intended to be used to facilitate the commission of a violation of subchapter I of Chapter 13, Title 21, United States Code, and, therefore, was forfeitable to the United States pursuant to 21 U.S.C. § 881(a)(6). Count Two of the Amended Complaint alleged that the defendant currency constituted "monetary instruments" in excess of $10,000, which was transported to the United States from a place outside of the United States, without a Currency and Monetary Instrument Report (CMIR) being filed, in violation of 31 U.S.C. § 5316 and 5324(b)(1), and was, therefore, forfeitable to the United States pursuant to 31 U.S.C. § 5317(c).
The known potential claimants, Elizandro Martinez and Charlie P. Tatum, Jr., were personally served with the summons and Complaint by the United States Marshals. Any other potential claimants were notified of the action and their rights to assert a claim for the defendant currency by publication of a public notice by the United States Marshal for the Western District of Missouri, on February 16, 23, and March 1, 2000, in the Lawrence County Record, a weekly newspaper of general circulation published in Mount Vernon, Lawrence County, Missouri.
Pursuant to Rule C(6) of the Supplemental Rules to the Federal Rules of Civil Procedure for Certain Admiralty and Maritime Claims, a claimant of the property that is the subject of an action in rem must file a claim within ten (10) days after process has been executed, or within such additional time as may be allowed by the Court, and must serve an answer to the complaint within twenty (20) days after the filing of the claim. The time for filing a claim under Rule C(6) has elapsed since service of the summons and Complaint on the known potential claimants, and from the date of the last publication, and no additional time for filing a claim has been granted.
Both Martinez and Tatum filed timely claims to the defendant currency. Tatum's claim was stricken by the Court on August 18, 2000, for failure to respond to the Government's Motion to Strike. On March 18, 2003, the Court entered summary judgment on behalf of the Government and against Martinez's claim. No other claims to the defendant currency have been filed. Because Tatum's claim was stricken, the Court entered summary judgment against Martinez, and all other potential claimants to the defendant currency are in default, the United States is entitled to entry of a Final Judgment of Forfeiture. Therefore, it is hereby ORDERED, ADJUDGED AND DECREED:
(1) that a final judgment of forfeiture is hereby entered against the defendant currency;
(2) that all persons claiming any right, title or interest in or to the defendant
currency are held in default;
(3) that all claims and interests in the defendant currency are forever foreclosed and barred;
(4) that the defendant currency is hereby forfeited to the United States of America pursuant to
21 U.S.C. § 881(a)(6) and
31 U.S.C. § 5317(c);
(5) that the defendant property shall be disposed of according to law; and,
(7) that the Clerk of the Court shall enter a judgment consistent with this order.
IT IS SO ORDERED.