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United States v. Lundy

United States District Court, W.D. Washington, Seattle

October 23, 2017

UNITED STATES OF AMERICA, Plaintiff
v.
SHAWN LUNDY, DAVID FUNK, JR. a/k/a "super Dave, " Defendants.

          RICHARD E. COHEN Assistant United States Attorney

          FINAL ORDER OF FORFEITURE

          ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE.

         THIS MATTER comes before the Court on the United States' Motion for Entry of a Final Order of Forfeiture ("Motion") for the following property:

a. Watches seized from 9904 State Road 530 Northeast, Arlington, Washington on February 25, 2014, more particularly described as:
One Men's Rolex Oyster Perpetual Date Two-Tone Blue Dial Wrist Watch; One Men's Rolex President Perpetual Day-Date Diamond-Cut Dial Wrist Watch; and
b. Gift cards seized from 9904 State Road 530 Northeast, Arlington, Washington on February 25, 2014, more particularly described in the attached Exhibit "A."

         The Court, having reviewed the United States' Motion, as well as the other pleadings and papers filed in this matter, HEREBY FINDS entry of a Final Order of Forfeiture is appropriate because:

• In the plea agreement he entered on July 1, 2014, Defendant David Funk, Jr. ("the Defendant") forfeited his interest in the above-listed property pursuant to 21 U.S.C. § 853 (Dkt No. 90, ¶ 12);
• In the plea agreement he entered on November 24 2014, Defendant Shawn Lundy ("the Defendant") forfeited his interest in the above-listed property pursuant to 21 U.S.C. § 853 (Dkt. No. 203, ¶ 15);
• On September 26, 2014, the Court entered a Preliminary Order of Forfeiture finding the above-listed property forfeitable pursuant to 21 U.S.C. § 853 and forfeiting Defendant David Funk, Jr.'s interest in it (Dkt. No. 156);
• On February 23, 2015, the Court entered a Preliminary Order of Forfeiture finding the above-listed property forfeitable pursuant to 21 U.S.C. § 853 and forfeiting Defendant Shawn Lundy's interest in it (Dkt. No. 231);
• Thereafter, the United States published notice of the forfeiture as required by 21 U.S.C. § 853(n)(1) and Fed. R. Crim. P. 32.2(b)(6)(C) (Dkt. No. 213) and provided direct notice to potential claimants as required by Fed. R. Crim. P. 32.2(b)(6)(A) (Declaration of AUSA Cohen in Support of Motion for Entry of a Final Order of Forfeiture); and,
• The time for filing third-party petitions has expired, and none were filed.

         NOW, THEREFORE, THE COURT ORDERS:

1. No right, title, or interest in the above-listed property exists in any party other than the United States;
2. The above-listed property is fully and finally condemned and forfeited, in its entirety, to the United States; and,
3. The Department of Justice, and/or its representative, is authorized to dispose of the above-listed property as permitted by governing law.

         IT IS SO ORDERED.

         Exhibit A

         Ten (10) assorted Store Value Cards (valued at $2, 950.99) seized from 9904 State Route 530 NE, Arlington, Washington, more particularly described as:

1. Lowe's Gift Card No. 6006491742523011959, valued at $595, 24;
2. Lowe's Gift Card No. 6006491742523008476, valued at $443.90;
3. Home Depo Store Value Card No. 98061493926541209997411, valued at $436.91;
4. Home Depo Gift Card No. 98061493965817969997417, valued at $581.01;
5. Cabela's Merchandise Credit Card No. 2470631660, valued at $41.55;
6. Cabela's Merchandise Credit Card No. 2513709994, valued at $390.91;
7. Cabela's Merchandise Credit Card No. 2470779006, valued at $85.05;
8. Cabela's Merchandise Credit Card No. 248340585, valued at $163.76;
9. Cabela's Merchandise Credit Card No. 2468701871, valued at $50.00; and
10. Walmart Gift Card No. 6094155986726326, valued at $162.66;

         One Hundred and twelve (112) Store Value Card (Valued at $14, 860.04) seized from 9904 State Route 530 NE, Arlington, Washington, more particularly described as:

         1. Seven (7) Home Depot Store Value Cards valued at $3, 220.14, further described as:

a. Home Depot Card No. 9806149424178606997417, valued at $691.15;
b. Home Depot Card No. 98061493968511009997412, valued $182.40;
c. Home Depot Card No. 980614933965816049997413, valued at $559.29;
d. Home Depot Card No. 98061493529764349997411, valued at $206.77;
e. Home Depot Card No. 98061494308081909997417, valued at $577.07;
f. Home Depot Card No. 980614934347299539997416, valued at ...

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