United States of America v. Funds in the Amount of $13,700.00

Filing 14

WRITTEN Opinion entered by the Honorable John A. Nordberg on 10/30/2012: The United States' Motion To Strike "Verified Claim" 10 is granted. (For further details see attached Order) Mailed notice(tlp, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

John A. Nordberg

CASE NUMBER

12 C 3853

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

10/30/2012

United States of America vs. Funds in the Amount of $13,700

DOCKET ENTRY TEXT

The United States’ Motion To Strike “Verified Claim” [Dkt. # 10] is granted.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This is a forfeiture action brought by the United States government pursuant to 21 U.S.C. § 881(a)(6). In
a verified complaint, the government alleges that the defendant funds ($13,700) were to be exchanged for a
controlled substance and were also proceeds from the sale of a controlled substance, all in violation of 21
U.S.C. § 841 et seq. and therefore forfeitable to the United States pursuant to 21 U.S.C. § 881(a)(6). The
complaint describes events on January 11, 2012, when law enforcement officers were alerted to the
suspicious travel itinerary of Quade Wehrman who was traveling on a first class sleeper, one-way ticket from
Carbondale, Illinois to Sacramento, California via Chicago. The ticket was purchased the day before and
Wehrman was traveling alone. (Cmplt. ¶ 5.) After being alerted to this information, Task Force Officers of
the DEA attempted to interview Wehrman at Union Station as he was waiting to board an Amtrak train.
Wehrman had a black backpack. (¶¶ 6-7.) Officers questioned him whether he had large sums of money or
drugs. He initially denied that he did. (¶ 10.) Later, after officers indicated that they would be conducting a
canine “sniff test” of the backpack, Wehrman admitted that he had marijuana and a large amount of cash. (¶
24.) The canine gave a positive response for the presence of drugs. A search warrant was obtained, and the
officers found $13,700 in Wehrman’s backpack and on his person. (¶¶ 26-28.)
On June 28, 2012, Quade Wehrman filed a “verified claim” asserting ownership of the defendant funds.
The claim was a letter signed by Wade on letterhead of his counsel located in Seattle, Washington. The letter
states in conclusory fashion, without any supporting details, that Wehrman “claim[s] ownership” of the
$13,700. (Dkt. # 10-2.) On July 12th, the government served Wehrman’s counsel via email and certified
mail with Special Interrogatories pursuant to Rule G(6)(a) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions (“Supp. Rules”). Rule G(6)(b) requires Wehrman to file
answers or objections to the Special Interrogatories within 21 days. As of the date of this order, Wehrman
has never filed any response. On August 7th, the government filed the present motion to strike Wehrman’s
claim, pursuant to Supp. Rule G(8)(c)(i)(A), because he failed to answer the interrogatories. The reason why
the interrogatories were propounded, the Government explains, is to obtain information about whether
12C3853 United States of America vs. Funds in the Amount of $13,700

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STATEMENT
Wehrman has standing under Article III in light of his conclusory and bare bones claim to ownership. The
government alternatively argues that the claim should be stricken because Wehrman had not met his burden
to establish standing. The government’s motion sets forth legal arguments and case law buttressing these two
alternative grounds to strike the “verified claim.”
On August 13th, this Court set a briefing schedule on the government’s motion to strike. Wehrman was
to file his response brief by September 5th. (Dkt. # 12.) As of the date of this order, Wehrman has not filed a
response. Neither Wehrman nor his counsel have attempted to contact the court to explain why no brief has
been filed. The government then filed a reply brief reiterating the arguments and cases in support of its two
arguments.
We have read the government’s opening and reply briefs and agree with the arguments for striking the
claim. The claim is conclusory and lacks no factual information to allow the government or this Court to
assess whether Wehrman has standing to pursue his claim. Moreover, and independent of these reasons,
Wehrman has not filed a response brief. He has therefore waived any further objections. For these reasons
and for the additional reasons set forth in the two unopposed briefs filed by the government, the motion to
strike [Dkt. # 10] is granted.

12C3853 United States of America vs. Funds in the Amount of $13,700

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