The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00014-MR-WCM
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) ORDER OF DEFAULT
) JUDGMENT
)
APPROXIMATELY $5,260.00 IN U.S. )
CURRENCY seized from Mary )
Katherine Moffitt on or about August )
10, 2023, in Henderson County, )
North Carolina, )
)
Defendant. )
________________________________ )
THIS MATTER is before the Court on the Government’s Motion for
Default Judgment. [Doc. 10]. Pursuant to Fed. R. Civ. P. 55(b)(2), the
Government requests that the Court enter a Default Judgment of Forfeiture
with respect to the approximately $5,260.00 in U.S. Currency (“Defendant
Currency”) seized from Mary Katherine Moffitt as identified in the Complaint.
FACTUAL BACKGROUND
The following is a recitation of the relevant, admitted facts.1
1 Where, as here, an entry of default occurs, the defaulted party is deemed to have
admitted all well-pleaded allegations of fact in the complaint. See Ryan v. Homecomings
Fin. Network, 253 F.3d 778, 780 (4th Cir. 2011); see also Fed. R. Civ. P. 8(b)(6) (“An
allegation—other than one relating to the amount of damages—is admitted if a responsive
In early October 2022, on two separate occasions, detectives with the
Henderson County Drug Task Force (“HCDTF”) conducted controlled
purchases of methamphetamine from Ms. Moffitt using a confidential source.
[Doc. 1 at ¶ 7].
During the initial controlled purchase in early October 2022, Ms. Moffitt
sold approximately 27.5 grams of methamphetamine to a confidential
source. [Id. at ¶ 8]. During the second controlled purchase, Ms. Moffitt
sold approximately 42.9 grams of methamphetamine to a confidential
source. [Id.].
Less than a year later, on August 10, 2023, at approximately 7:41 p.m.,
Detective Jimenez with the Henderson County Sheriff’s Office was patrolling
in the area of U.S. Highway 25 northbound. [Id. at ¶ 9]. Detective Jimenez
observed a white Toyota Corolla with an expired temporary tag merge onto
Interstate 26 westbound, and leave the interstate at exit 53. [Id.].
As the vehicle traveled westbound on Upward Road, Detective
Jimenez activated his emergency lights to conduct a traffic stop. [Id. at ¶
10]. The vehicle pulled into the Shell gas station at 712 Upward Road in
pleading is required and the allegation is not denied”). Thus, the factual allegations in
the Government’s Verified Complaint [Doc. 1] are deemed admitted as true.
Flat Rock, North Carolina. [Id.]. Ms. Moffitt was the driver and sole
occupant of the vehicle. [Id. at ¶ 11].
As Ms. Moffitt attempted to locate her driver’s license, Detective
Jiminez observed a large quantity of rubber banded U.S. Currency in a black
hand purse inside of the vehicle. [Id. at ¶ 12]. Detective Jimenez asked
Ms. Moffitt if there was anything illegal inside the vehicle and she responded,
“No. Nothing that I know of.” [Id. at ¶ 13]. Ms. Moffitt consented to a
search of her vehicle. [Id. at ¶ 14].
During the search of the vehicle, Detective Jimenez located a silver
water bottle in the passenger floorboard. [Id. at ¶ 15]. Detective Jimenez
noticed that there was a small seam near the bottom of the water bottle that
was partially covered with a rubber wristband. [Id.]. Detective Jimenez
unscrewed the bottom of the water bottle and located a small void. [Id.].
Inside the hidden compartment were four different size clear plastic baggies
containing a crystal-like substance that was later confirmed to be
approximately 17 grams of methamphetamine, along with three unidentified
pills. [Id.].
The quantity and manner in which the methamphetamine was
packaged was consistent with the sale and distribution of controlled
substances. [Id. at ¶ 16].
Detective Jimenez also located inside of the vehicle a black and white
purse with a brown plastic grocery bag inside. [Id. at ¶ 17]. Two glass
pipes/bongs with burnt residue were visible inside of the brown plastic
grocery bag. [Id.].
Detective Jimenez found the black hand purse that contained the
rubber banded U.S. Currency on the front passenger seat, which was later
counted and totaled $4,900.00. [Id. at ¶ 18]. The manner in which the
currency was rubber banded was consistent with how individuals who are
involved in the sale and distribution of controlled substances organize their
proceeds from the sale of illegal drugs. [Id. at ¶ 19].
Ms. Moffitt stated that she obtained the money from cashing her son’s
paychecks. [Id. at ¶ 20]. Detective Jimenez asked Ms. Moffitt why she
had her son’s paychecks and she said, “He gives them to me to keep, so he
doesn’t spend it.” [Id.]. Detective Jimenez asked how old Ms. Moffitt’s son
was and she said, “He is 28.” [Id.].
During the course of the traffic stop, female Deputy Landers arrived on
scene to assist Detective Jimenez. [Id. at ¶ 21]. Deputy Landers
searched Ms. Moffit’s person and located $360.00 in U.S. Currency, along
with a glass pipe with burnt residue inside her bra. [Id.]. The currency
seized from Ms. Moffitt during the traffic stop totaled $5,260.00. [Id. at ¶
22].
Ms. Moffitt was arrested and charged with felony possession with intent
to sell or deliver a Schedule II controlled substance, along with possession
of drug paraphernalia. [Id. at ¶ 23]. Ms. Moffitt’s criminal history includes
a history of drug-related offenses. [Id. at ¶ 24].
PROCEDURAL BACKGROUND
On January 18, 2024, the Government filed a Verified Complaint for
Forfeiture In Rem, alleging that the Defendant Currency seized from Mr.
Moffitt is subject to civil forfeiture under 21 U.S.C. § 881(a)(6). [Doc. 1].
On January 19, 2023, the Clerk issued a Warrant of Arrest In Rem for the
Defendant Currency. [Doc. 2].
After the Government filed its Complaint, and in accordance with Rule
G(4)(b) of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions, the Government provided direct notice of this action
to known potential claimants. Specifically, on January 24, 2024, the
Government mailed notice and a copy of the Complaint to Ms. Moffitt; Ms.
Moffitt’s son, Johnathan Moffitt; and Ms. Moffitt’s attorney, Nathan Stallings.
[Doc. 6]. Additionally, in accordance with Supplemental Rule G(4)(a), the
Government provided notice by publication as to all persons with potential
claims to the Defendant Currency by publishing notice via www.forfeiture.gov
for 30 consecutive days, beginning on January 23, 2024. [Id.].
The Government has taken reasonable steps to provide notice to
known potential claimants, and the Government has otherwise complied with
the notice requirements set forth in Supplemental Rule G(4). During the
pendency of this action, no individual or entity has made a timely claim to the
Defendant Currency.
On May 15, 2024, the Clerk entered an Entry of Default. [Doc. 9].
DISCUSSION
Pursuant to the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”),
the Government has the initial burden of establishing by a preponderance of
the evidence that the defendant property is subject to forfeiture.
18 U.S.C. § 983(c)(1). A complaint must “state sufficiently detailed facts to
support a reasonable belief that the government will be able to meet its
burden of proof at trial.” Fed. R. Civ. P. Supp. R. G(2)(f). The Government
may seek forfeiture of currency if it was used, or intended to be used in
exchange for a controlled substance, or represents proceeds of trafficking in
controlled substances, or was used or intended to be used to facilitate a
violation of the Controlled Substances Act, 21 U.S.C. § 801 et seq. See 21
U.S.C. § 881(a)(6).
Based upon the allegations of the Government’s Verified Complaint—
which are deemed admitted as true—the Court finds that the Government
has satisfied its burden of showing that the Defendant Currency is subject to
civil forfeiture under 21 U.S.C. § 881(a)(6). Additionally, the Court finds
that the Government has taken reasonable steps to provide notice to known
potential claimants, and the Government has otherwise complied with the
notice requirements set forth in Supplemental Rule G(4). No individual or
entity has timely filed a claim to the Defendant Currency.
After careful review, the Court finds that the Government has
established that default judgment is appropriate.
JUDGMENT
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that
the Government’s Motion for Default Judgment [Doc. 10] is hereby
GRANTED, and Judgment of Forfeiture is hereby ENTERED in favor of the
United States against all persons and entities with respect to the Defendant
Currency identified in the Complaint.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any
right, title, and interest of all persons to the Defendant Currency is hereby
forfeited to the United States, and no other right, title, or interest shall exist
therein.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
United States Marshal is hereby directed to dispose of the Defendant
Currency as provided by law.
IT IS SO ORDERED.
Signed: June 26, 2024
Martifi Reidinger ey
Chief United States District Judge WAS