For Plaintiff United States of America: Carla B. Freedman, United States Attorney, Elizabeth A. Conger, Assistant United States Attorney, United States Attorney’s Office Northern District of New York, Syracuse, New York. MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff the United States of America (“the Government”) commenced this civil forfeiture action via verified complaint for forfeiture in rem against a red Volvo tractor, VIN #: 4V4NC9TH15N390415, bearing New Jersey plates AY-143D, with an attached 40-foot aluminum garbage trailer bearing New Jersey registration TZB50N (“Defendant-Vehicle”), pursuant to 18 U.S.C. §981(a)(1)(A) as property involved in violations of 18 U.S.C. §1956 and pursuant to Rule G of the Supplemental Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions (“Supplemental Rules”). (Dkt. No. 1.) Presently before the Court is the Government’s motion for default judgment and for entry of a final order of forfeiture under Rule 55(b) of the Federal Rules of Civil Procedure and General Order #15 of the United States District Court for the Northern District of New York. (Dkt. No. 10-1.) For the reasons that follow, the Government’s motion for default judgment is denied without prejudice to renewal. II. BACKGROUND A. Factual Background1 This matter arose in connection with a Federal Bureau of Investigation (“FBI”) and New York State Police (“NYSP”) investigation into a credit card skimming scheme from New Jersey operating in Central New York. (Dkt. No. 1, 10.)2 On or about January 18, 2023, at approximately 6:15 a.m., the owner of a credit card called a Stewart’s Shops convenience store and gas station located at 2463 State Route 12B, Hamilton, New York, 13346, and informed an employee that an unauthorized charge in the amount of $175.00 had been made on his card at the store. (Id. 13.) The employee called 911 and notified the dispatcher that the suspect vehicle — Defendant-Vehicle — was still parked adjacent to the store. (Id. 14.) The employee told law enforcement that he had heard an audible notification for “pump seven,” the high-flow diesel pump, at 4:15 a.m. that morning and saw on his computer that fuel was being pumped from that location. (Id. 15.) The employee stated that this was unusual because tractor trailers typically do not arrive until 5:00 a.m. when the store opens. (Id.) The employee told law enforcement that pump seven stopped pumping at approximately 4:21 a.m., and the sale made at that pump totaled $174.99. (Id. 16.) The employee said that Defendant-Vehicle then parked behind the store at approximately 4:25 a.m. (Id.) NYSP Troopers were dispatched to the store and observed Defendant-Vehicle parked adjacent to the store on the north side of the parking lot carrying an unusually large amount of weight on its rear tires. (Id.
12, 17.) Defendant-Vehicle was occupied by two individuals: Gilberto Javier Fernandez Martinez, who occupied the driver’s seat, and Yosiel Ruiz Linares, who occupied the passenger’s seat. (Id.
