UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Filing 69

AFFIDAVIT FOR DEFAULT re Order on Motion to Dismiss, Order on Motion to Sever, Order on Motion to Transfer Case, Order on Motion for Release of Funds,,,,,,,, Partial Default - All Golden Panda Defendant Properties (Funds) by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Publication Affidavit)(Cowden, William)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA, Plaintiff, v. 8 Gilcrease Lane, Quincy, Florida, 32351, et al. Defendant.

) ) ) ) ) ) ) ) )

1:08-CV-01345

DECLARATION OF PUBLICATION Notice of Civil Forfeiture was posted on an official government internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning on November 15, 2008, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, as evidenced by Attachment 1. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 27, 2009 at Washington, DC. ______________________________ Taryn McLaughlin Sr. Paralegal Specialist

Attachment 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COURT CASE NUMBER: 1:08-CV-01345; NOTICE OF FORFEITURE ACTION Pursuant to 18 USC 981, the United States filed a verified Complaint for Forfeiture against the following property: All Funds Including Approximately $53 Million held on deposit at Bank of America accounts (08-USS-000379) in the names of (1) Thomas A. Bowdin, Jr., sole proprietor, dba, Adsurfdaily, (2) Clarence Busby, Jr., and Dawn Stovers, dba Golden Panda Ad Builder and (3) Golden Panda Ad Builder being seized on October 30, 2008 Any person claiming a legal interest in the Defendant Property must file a verified Claim with the court within 60 days from the first day of publication (November 15, 2008) of this Notice on this official government internet web site and an Answer to the complaint or motion under Rule 12 of the Federal Rules of Civil Procedure within 20 days thereafter. Title 18, United States Code, Section 983(h)(1) permits a court to impose a civil fine on anyone asserting an interest in property which the court determines was frivolous. The verified Claim and Answer must be filed with the Clerk of the Court, 333 Constitution Ave., NW, Washington, DC 20001, and copies of each served upon Assistant United States Attorney William R. Cowden, 555 4th Street, NW, Washington, DC 20530, or default and forfeiture will be ordered. See, 18 U.S.C. § 983(a)(4)(A) and Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.

Advertisement Certification Report The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day between November 15, 2008 and December 14, 2008. Below is a summary report that identifies the uptime for each day within the 30-day period and reports the results of the web monitoring system's daily check that verifies that the advertisement was available each day. U.S. v. 8 Gilcrease Lane, Quincy, Florida, 32351, et al. Court Case No: For Asset ID(s): Consecutive Calendar Day Count 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1:08-CV-01345 See Attached Advertisement Copy Date Advertisement Appeared on the Web Site 11/15/2008 11/16/2008 11/17/2008 11/18/2008 11/19/2008 11/20/2008 11/21/2008 11/22/2008 11/23/2008 11/24/2008 11/25/2008 11/26/2008 11/27/2008 11/28/2008 11/29/2008 11/30/2008 12/01/2008 12/02/2008 12/03/2008 12/04/2008 12/05/2008 12/06/2008 12/07/2008 12/08/2008 12/09/2008 12/10/2008 12/11/2008 12/12/2008 12/13/2008 12/14/2008 Total Hours Web Site was Available during Calendar Day 23.5 23.5 23.3 23.5 23.5 23.5 23.6 22.4 22.4 22.5 23.5 23.3 23.5 23.5 23.5 23.5 23.5 23.5 23.5 23.5 23.5 23.4 23.5 23.5 23.4 23.5 23.5 23.5 23.5 23.5 Verification that Advertisement existed on Web Site Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified Verified

Additional log information is available and kept in the archives for 15 years after the asset has been disposed.