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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff,

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vs.

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$4,905.00 in U.S. Currency,
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Defendant.
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No. CV-12-0211-PHX-FJM
ORDER

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The United States filed this action for Forfeiture In Rem against $4,905.00 in United

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States currency (“defendant currency”), alleging that defendant currency is subject to

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forfeiture pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(C) for violations of

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the Controlled Substances Act, 21 U.S.C. § 801 et seq. Claimant Garnett Fisher filed an out

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of time claim and answer on April 19, 2012, claiming to have an interest in the defendant

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currency (doc. 5). The claim was not signed under penalty of perjury as required by Rule

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G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture

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Actions (“Supplemental Rules”). The United States notified claimant of the claim deficiency

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on May 23, 2012. Motion, ex. 1. Claimant neither responded nor attempted to perfect his

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claim.

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We now have before us the United States’ motion to strike the claim (doc. 9).

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Claimant did not respond to the motion and the time for doing so has expired. Claimant’s

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failure to respond may be deemed a consent to the granting of the motion and we may

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dispose of it summarily. LRCiv 7.2(i).

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Under Rule G(5)(a)(i)(C) of the Supplemental Rules, a person asserting an interest in

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the defendant property must file a claim “signed by the claimant under penalty of perjury.”

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The pleading requirements in Rule G(5) are not merely procedural technicalities, but instead

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must be strictly enforced. Verification is essential because of the substantial danger of false

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claims.

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Here, claimant failed to meet the requirement of Rule G(5)(a)(i)(C), failed to respond

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to the government’s notice of the deficiency, and has now failed to respond to the motion to

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strike.
Therefore, IT IS ORDERED GRANTING the United States’ motion to strike claim
and answer (doc. 9).
DATED this 20th day of November, 2012.

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