United States of America v. $4,905.00 in US Currency

Filing 10

ORDER granting 9 the United States' motion to strike claim and answer. Signed by Judge Frederick J Martone on 11/20/12.(TLJ)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 United States of America, Plaintiff, 10 11 vs. 12 $4,905.00 in U.S. Currency, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-12-0211-PHX-FJM ORDER 15 16 17 The United States filed this action for Forfeiture In Rem against $4,905.00 in United 18 States currency (“defendant currency”), alleging that defendant currency is subject to 19 forfeiture pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(C) for violations of 20 the Controlled Substances Act, 21 U.S.C. § 801 et seq. Claimant Garnett Fisher filed an out 21 of time claim and answer on April 19, 2012, claiming to have an interest in the defendant 22 currency (doc. 5). The claim was not signed under penalty of perjury as required by Rule 23 G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture 24 Actions (“Supplemental Rules”). The United States notified claimant of the claim deficiency 25 on May 23, 2012. Motion, ex. 1. Claimant neither responded nor attempted to perfect his 26 claim. 27 We now have before us the United States’ motion to strike the claim (doc. 9). 28 Claimant did not respond to the motion and the time for doing so has expired. Claimant’s 1 failure to respond may be deemed a consent to the granting of the motion and we may 2 dispose of it summarily. LRCiv 7.2(i). 3 Under Rule G(5)(a)(i)(C) of the Supplemental Rules, a person asserting an interest in 4 the defendant property must file a claim “signed by the claimant under penalty of perjury.” 5 The pleading requirements in Rule G(5) are not merely procedural technicalities, but instead 6 must be strictly enforced. Verification is essential because of the substantial danger of false 7 claims. 8 Here, claimant failed to meet the requirement of Rule G(5)(a)(i)(C), failed to respond 9 to the government’s notice of the deficiency, and has now failed to respond to the motion to 10 11 12 13 strike. Therefore, IT IS ORDERED GRANTING the United States’ motion to strike claim and answer (doc. 9). DATED this 20th day of November, 2012. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?