United States of America v. $10,704.00 in U. S. Currency

Filing 14

ORDER granting 13 Motion for Judgment of Forfeiture. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: The United States is granted a default judgment against the defendant currency in the amount of $10,704.00 and against any person as serting a claim to, or interest in, the defendant currency. The defendant currency consisting of $10,704.00 is hereby forfeited to the United States and shall be disposed of in accordance with the law. Signed by Judge Susan P. Watters on 11/22/2017. (EMH)

LE D

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

NOV 2 2 2017
Clerk, U S District Court
District Of Montana

- - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - ng s
Bi lli

CV 17-98-BLG-SPW-TJC

UNITED STATES OF AMERICA,
Plaintiff,
vs.

FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DEFAULT JUDGMENT, AND
ORDER OF FORFEITURE

$10,704.00 in U.S. Currency,
Defendant.

This matter is brought before this Court by Plaintiff, United States, by and
through its attorney, Victoria L. Francis, Assistant U.S. Attorney for the District of
Montana.

The United States has filed a Motion for Entry of Default Judgment

and Order of Forfeiture pursuant to Fed. R. Civ. P. 55(b)(2) (Doc. 13).

Upon

considering the pleadings filed herein, the Court makes the following Findings of
Fact and Conclusions of Law.

FINDINGS OF FACT
1. On August 3, 2017, the United States instituted a judicial forfeiture action
by filing in this cause a Verified Complaint in Rem against the defendant funds in the
amount of $10,704.00, to forfeit property under 21 U.S.C. §§ 841 and 881(a)(6)
asserting the defendant currency was furnished or intended to be furnished in

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exchange for a controlled substance, and/or was used or intended to be used to
facilitate one or more violations of 21 U.S.C. § 841, et seq. (Doc. 2)
2. On August 21, 201 7, the United States Marshal Service executed the
Warrant of Arrest in Rem that was issued by this Court on August 8, 201 7, and
arrested the defendant currency. (Doc. 6).
3. On August 3, 2017, the United States provided "actual notice" of this civil
asset forfeiture action on August 3, by mailing the Notice of Complaint for
Forfeiture and Verified Complaint In Rem (Doc. 2) to Raymond Tetzlaff, via first
class U.S. mail and Certified mail to the address provided in his administrative
claim. On August 29, 2017, a copy of the Notice of Complaint for Forfeiture In
Rem to Counsel (Doc. 5) was mailed via first class U.S. mail and Certified mail to
the address of claimant's defense counsel, Kelly J. Varnes.
4.

On August 3, 2017, the United States provided "actual notice" of this

civil asset forfeiture action on August 3, by mailing the Notice of Complaint for
Forfeiture and Verified Complaint In Rem (Doc. 2) to Crystal Busby-Tetzlaff, via
first class U.S. mail and Certified mail to the address provided in her
administrative claim. On August 29, 2017, a copy of the Notice of Complaint for
Forfeiture In Rem to Counsel (Doc. 5) was mailed via first class U.S . mail and
Certified mail to the address of claimant's defense counsel, Matthew Wald.

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5. Notice of this forfeiture action was also provided to known and unknown
potential claimants by publishing on the government's asset forfeiture website the
Notice of Forfeiture Action for 30 consecutive days, beginning on July 25, 2017, and
ending on August 23, 2017. The "Notice of Forfeiture Action" provides in
pertinent part as follows:
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 (July 25, 2017) 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 21 days thereafter ....
(Dec. of Publication, Doc. 7, Att. 1).
6.

Upon considering the United States' Unopposed Motion for Entry of

Default of Known and Unknown Potential Claimants (Doc. 10), the Clerk of
District Court entered the default of Raymond Tetzlaff, Crystal Busby-Tetzlaff,
and any unknown potential claimants, on November 16, 2017, for failure to timely
file a verified claim and/or to answer or otherwise defend as required by the
Supplemental Rules.
7.

(Doc. 12).

The factual allegations set forth in paragraphs 5 through 30, Doc. 1 are

verified by Michael T. Zidack, Special Agent for the U.S. Drug Enforcement
Administration. (Doc. 1, pp. 2-14)
Based upon the foregoing findings of fact, the Court makes the following
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conclusions of law.

CONCLUSIONS OF LAW
8.

The Court has jurisdiction pursuant to 28 U.S.C. §§ 1345 and 1355.

The United States has filed a Verified Complaint for Forfeiture in Rem to forfeit
the defendant property under 21 U.S.C. §§ 841 and 881(a)(6), as funds constituting
monies or other things of value furnished or intended to be furnished in exchange
for a controlled substance, and/or were used or intended to be used to facilitate one
or more violations of 21 U.S.C. § 841, et seq.
9.

Pursuant to 28 U.S.C. §§ 1355(b)(l)(A) and 1395(b) or (c), venue is

proper in this district because this is a civil proceeding to forfeit United States
Currency found in this district, and the acts or omissions complained of occurred in
this district.
10.

Civil forfeitures are governed by the Supplemental Rules for Certain

Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules
of Civil Procedure.

United States v. 2659 Roundhill Drive, 283 F.3d 1146, 1149

n.2 (9th Cir. 2002).
11.

The Verified Complaint for Forfeiture in Rem sets forth detailed facts

to support a reasonable belief that the United States will be able to meet its burden
of proof at trial as required by Supplemental Rule G(2)(f), to support probable

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cause, and to provide proof by a preponderance of the evidence to seize and arrest
the defendant currency described in the verified complaint.

The facts contained

in the verified complaint support the institution of these forfeiture proceedings for
a knowing and willful violation of 21 U.S.C. § 841, and subject to forfeiture under
21 U.S.C. § 881(a)(6).
12.

The totality of circumstances as set forth in the Verified Complaint in

Rem, demonstrates that there is a substantial connection that the defendant

currency was furnished or intended to be furnished in exchange for a controlled
substance, and/or was used or intended to be used to facilitate one or more
violations of21 U.S.C. § 841, et seq.
13.

Notice of this action was properly provided to known potential

claimant, Raymond Tetzlaff, by providing "actual notice" to him, and his counsel,
by mailing the Verified Complaint In Rem, , in accordance with Supplemental Rule
G( 4)(b )(v).
14.

Notice of this action was properly provided to known potential

claimant, Crystal Busby-Tetzlaff, by providing "actual notice" to her, and her
counsel, by mailing the Verified Complaint In Rem, , in accordance with
Supplemental Rule G(4)(b)(v).
15.

Notice by publication was also provided to known and unknown

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potential claimants in accordance with Supplemental Rule (G)( 4)(a)(iv)(C).
16.

In accordance with Fed. R. Civ. P. 55(a) and Supplemental Rules A(2)

and G(S), the Clerk of District Court properly entered the default of Raymond
Tetzlaff, Crystal Busby-Tetzlaff, and any unknown claimants.
17.

(Doc. 12).

Pursuant to Fed. R .. Civ. P. 55(b)(2), the United States is entitled to a

judgment of default against the defendant currency in the amount of$10,704.00,
and any claims to the defendant currency.
18.

The United States is further entitled to an order of forfeiture of the

defendant currency in the amount of$10,704.00.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1.

The United States is granted a default judgment against the defendant

currency in the amount of $10,704.00 and against any person asserting a claim to,
or interest in, the defendant currency.
2.

The defendant currency consisting of $10,704.00 is hereby forfeited to

the United States and shall be disposed of in accordance with the law.
DATED this

p(dnfay of November, 2017.

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SSANP.WATfERS
United States District Judge

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