United States of America v. One (1) 2008 Toyota Tundra

Filing 67

ORDER GRANTING MOTION TO STRIKE CLAIMS; VACATING HEARING The hearing scheduled for December 19, 2014 is vacated and the claims filed by Tyrel Matthew Graves, Sensi Angelique Graves, William Oran Graves, and Mo Michael Graves are stricken as untimely. Signed by Judge Maxine M. Chesney on December 3, 2014. (mmclc2, COURT STAFF) (Filed on 12/3/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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UNITED STATES OF AMERICA,
Plaintiff,

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No. C 12-1439 MMC
ORDER GRANTING MOTION TO STRIKE
CLAIMS; VACATING HEARING

v.
ONE (1) 2008 TOYOTA TUNDRA, (VIN #
5TFDV58108X050994), ET AL.,

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Defendants
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/

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Before the Court is the Government’s “Motion to Strike the Late Claims of Tyrel
Matthew Graves, Sensi Angelique Graves, William Oran Graves, and Mo Michael Graves
Pursuant to Supplement Rule G(8)(c)(1),” filed November 6, 2014. Tyrel Matthew Graves,
Sensi Angelique Graves, William Oran Graves, and Mo Michael Graves (collectively, “the
claimants”) have filed opposition, to which the Government has replied. Having read and
considered the papers filed in support of and in opposition to the motion, the Court finds the
matter appropriate for decision on the parties’ respective written submissions, VACATES
the hearing scheduled for December 19, 2014, and rules as follows.
In opposition to the motion, the claimants assert their interest in the property at issue
arose at the time of their father Matthew Graves’ forfeiture of his interest therein. Under
such circumstances, the claimants argue, their claims should not be stricken as untimely
because their interest in the subject property arose after the conduct giving rise to the

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forfeiture had taken place and thus they are “innocent owners,” see 18 U.S.C. §

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983(d)(3)(A), whose interest “shall not be forfeited under any civil forfeiture statute,” see 18

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U.S.C. § 983(d)(1). As the Government correctly points out, however, the claimants do not

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qualify as “innocent owners” under 18 U.S.C. 983(d)(3)(A), which defines an “innocent

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owner” as a person who, at the time he/she acquired his/her interest, was both unaware

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the property at issue was subject to forfeiture and “was a bona fide purchaser for value,”

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see 18 U.S.C. 983(d)(3)(A). The claimants do not argue, let alone offer any evidence to

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suggest, they are bona fide purchasers for value.

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Accordingly, § 983 does not shield the claimants from the filing requirements of

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Supplemental Rule G(5), see Fed. R. Civ. P. Supp. R. G(5)(a)(ii)(B) (requiring claim be filed

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“no later than 60 days after the first day of publication”), and their claims, filed more than

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two years after the Government published notice of its forfeiture action, are hereby

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STRICKEN as untimely.

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IT IS SO ORDERED.

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Dated: December 3, 2013
MAXINE M. CHESNEY
United States District Judge

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