United States of America v. One 2003 Mercedes Benz CL500 VIN WDBPJ75J353A033241
Filing
17
MEMORANDUM and ORDER Granting 16 the Government's Renewed Motion for Default Judgment and Order of Forfeiture; Entering Default Judgment in favor of the United States of America against the Mercedes; Forefeiting the Mercedes to the United States pursuant to 21 USC 881(a)(6); Authorizing the Attorney General, or a designee, to seize the Mercedes. Signed by Judge Paul W. Grimm on 12/17/2014. (c/m 12/18/14 jf2s, Deputy Clerk) Modified on 12/18/2014 (jf2s, Deputy Clerk).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division
*
UNITED STATES OF AMERICA,
*
Plaintiff,
*
v.
Case No.: PWG-11-3571
*
ONE 2003 MERCEDES BENZ CL500,
VIN WDBPJ75J353A033241,
Defendant.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
MEMORANDUM AND ORDER
Drug Enforcement Administration (“DEA”) members seized the vehicle that is the
subject of this action, One 2003 Mercedes Benz CL500, VIN WDBPJ75J353A033241 (“the
Mercedes”) as “proceeds traceable to the sale or exchange of controlled substances in violation
of 21 U.S.C. § 841” and as a vehicle used in illegal drug activity, after learning that John Edward
Butler, Jr., who held the title to the Mercedes, participated in “a violent cocaine trafficking
organization.” Aff. of DEA Task Force Officer Mark D. Howard 1–2, 4, 5; Compl. ¶¶ 3 & 5.1
The Government initiated this forfeiture in rem action against the Mercedes, Compl., and filed a
Motion for Default Judgment and Order of Forfeiture, ECF No. 7.
I concluded that the
Government complied with the notice requirements for forfeiture and that there were no properly
filed claims as to the Mercedes. Mem. Op. 5–6, ECF No. 9. But, I denied the Government’s
motion for default judgment without prejudice because the Government had not established by a
1
The Government filed the Verified Complaint and Affidavit together as ECF No. 1.
preponderance of the evidence that there was a substantial connection between the Mercedes and
Mr. Butler’s illegal drug activity. Id. at 8; Order, ECF No. 10.
The Government since has submitted a Renewed Motion for Default Judgment and Order
of Forfeiture, ECF No. 16, supported by a Supplemental Declaration, filed under seal, in which
Officer Howard states that “BUTLER, Jr.’s only real source of income has been the distribution
of cocaine and other narcotics, and that he continued his narcotics operations prior to and during
his purchase of the 2003 Mercedes [in June 2011], with a $4,000 cash down payment.” Supp.
Decl. ¶ 9, Renewed Mot. Att. A, ECF No. 16-1; see id. ¶ 20. According to Officer Howard, “[a]
financial analysis and investigation of the defendant’s wages and earning[s] by law enforcement
revealed that BUTLER Jr. had no reported earnings . . . in Maryland, Virginia, or the District of
Columbia . . . since at least 2007.” Id. ¶ 24; see id. ¶ 20 (“[Y]our affiant knows through financial
investigation and interviews with cooperating sources, including BUTLER, Jr. himself, that
BUTLER Jr.’s only source of income during this time was from his drug trafficking. Based on
your affiant’s years of training and experience, your affiant therefore believes that this car was
purchased with proceeds from narcotics transactions.”). “To prevail in a civil forfeiture
proceeding, the Government must demonstrate by a preponderance of the evidence that the
defendant property is subject to forfeiture, either as proceeds of an illegal drug transaction, or as
property used to facilitate an illegal drug transaction.” See United States v. $63,289.00 in U.S.
Currency, No. 13-281, 2014 WL 2968555, at *5 (W.D.N.C. Jul. 1, 2014) (citing 18 U.S.C.
§ 983(c); 21 U.S.C. § 881(a)(6)). Based on the Supplemental Declaration, the Government now
has shown by a preponderance of the evidence that Mr. Butler’s payment for the Mercedes was
proceeds from drug transactions. See id.
2
Accordingly, it is, this 17th day of December, 2014, hereby ORDERED that
1. The Government’s Renewed Motion for Default Judgment and Order of Forfeiture,
ECF No. 16, IS GRANTED;
2. A Default Judgment IS ENTERED in favor of the United States of America against
the Mercedes;
3. The Mercedes IS FORFEITED to the United States pursuant to 21 U.S.C.
§ 881(a)(6), and the United States shall have all rights of title and possession of the
Mercedes;
4. The Attorney General, or a designee, IS AUTHORIZED to seize the Mercedes and
take exclusive custody and control of it until it may be disposed of in accordance with
law; and
5. The Clerk SHALL CLOSE THIS CASE.
/S/
Paul W. Grimm
United States District Judge
lyb
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?