United States of America et al v. 126 drums of honey et al

Filing 45

MOTION by Plaintiff United States of America for judgment of forfeiture (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Lorenzen, Donald)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
126 DRUMS OF HONEY SEIZED ON APRIL 4,
2008, in Minneapolis, Minnesota;
449 DRUMS OF HONEY SEIZED ON MAY 30,
2008, in Glenview, Illinois;
551 DRUMS OF HONEY SEIZED ON JUNE 24,
2008, in Glenview, Illinois;
256 DRUMS OF HONEY SEIZED ON JULY 22,
2008, in Tacoma, Washington;
189 DRUMS OF HONEY SEIZED ON
SEPTEMBER 18, 2008, in Bensenville, Illinois;
124 DRUMS OF HONEY SEIZED ON
SEPTEMBER 23, 2008, in Minneapolis, Minnesota;
126 DRUMS OF HONEY SEIZED ON
NOVEMBER 12, 2008, in Eagan, Minnesota;
174 DRUMS OF HONEY SEIZED ON
DECEMBER 12, 2008, in Itasca, Illinois; and
446 DRUMS OF HONEY SEIZED ON
DECEMBER 12, 2008, in Itasca, Illinois,
Defendants in rem.

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No. 09 C 5530

Judge Robert W. Gettleman

THE UNITED STATES’ MOTION
FOR ENTRY OF A DECREE OF FORFEITURE

The United States of America, by Patrick J. Fitzgerald, United States Attorney for the
Northern District of Illinois, moves this court for the entry of a decree of forfeiture. In support of
this motion, the United States of America states as follows:
1.

On September 4, 2009, the United States filed a verified complaint seeking forfeiture

of the defendant property pursuant to Title 18, United States Code, Section 981(a)(1)(C).1
2.

On September 8, 2009, the court issued arrest warrants in rem to be executed by the

United States Department of Homeland Security against the defendant property.
3.

On October 13, 2009, the defendant property was seized, the warrants were executed

and the verified complaint was personally served by the United States Department of Homeland
Security.
4.

The United States gave notice of this action to all known potential claimants and

record owners by electronic and certified mail.
5.

Pursuant to Rule G(4)(a) of the Supplemental Rules for Admiralty and Maritime

Claims and Asset Forfeiture Actions, notice of the civil judicial forfeiture proceeding was posted
on an official government internet site for at least 30 consecutive days beginning on September 15,
2009.
6.

On October 19, 2009, Alfred L. Wolff, Incorporated (“Wolff”) filed a claim to the

defendant property. On April 28, 2011, Wolff filed a motion to withdraw the claim. The court
granted that motion and Wolff’s claim was withdrawn on May 4, 2011.
7.

No other party filed a claim to the defendant goods.

1

The civil complaint was amended twice on September 14, 2009 and March 25, 2011
2

8.

Based on the second amended verified complaint and the attached affidavit of

Matthew Gauder of the United States Department of Homeland Security, Immigration and Customs
Enforcement, the United States has established that the defendant property was knowingly imported
or brought into the United States in violation of Title 18, United States Code, Sections 542 and
545(a)(6) and is therefore subject to forfeit to the United States pursuant to the provisions of Title
18, United States Code, Section 981(a)(1)(C).
WHEREFORE, the United States of America requests that this court enter a decree of
forfeiture in favor of the United States of America and against the defendant property. A draft order
is submitted herewith.
Respectfully submitted,
PATRICK J. FITZGERALD
United States Attorney
By: s/ Donald R. Lorenzen
DONALD R. LORENZEN
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
[phone]
[e-mail]

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