United States of America v. 2009 MERCEDES-BENZ, MODEL SL550 et al

Filing 35

DEFAULT JUDGMENT OF FORFEITURE in favor of United States of America and against SERIAL NO. ISRSF031A 2008 SUPRA 24 SUNSPORT, VIN: 5A7BB242X8T0025 2008 BOAT MATE TRAILER, VIN: 5FNYF485X9B0500 2009 HONDA PILOT EX-L, VIN: WDBSK71F39F1426 2009 MERCEDES-BENZ, MODEL SL550, and VIN: ZFFEW58A3601497 2006 FERRARI F430. Signed by Judge Edward C. Reed, Jr on 11/8/2011. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5

DANIEL G. BOGDEN
United States Attorney
Nevada State Bar No. 2137
MICHAEL A. HUMPHREYS
Assistant United States Attorney
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff

6
7

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
UNITED STATES OF AMERICA,
9
Plaintiff,
10
v.
11
12

2009 MERCEDES-BENZ, MODEL SL550
VIN: WDBSK71F39F142690,

13

2006 FERRARI F430
VIN: ZFFEW58A360149771,

14
15

2008 SUPRA 24 SUNSPORT
SERIAL NO. ISRSF031A808,

16

2008 BOAT MATE TRAILER
VIN: 5A7BB242X8T002509,

17
18

2009 HONDA PILOT EX-L
VIN: 5FNYF485X9B050010,

19

Defendants.

20
21
22
23

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

2:11-CV-01133-ECR (CWH)

DEFAULT JUDGMENT OF FORFEITURE
The United States filed a verified Complaint for Forfeiture in Rem on July 8, 2011. Docket
#1. The Complaint alleges the defendant properties:
a.

are involved in transactions or attempted transactions in violation of 18

24

U.S.C. § 1956, or are properties traceable to such properties, and are subject

25

to seizure pursuant to 18 U.S.C. § 981(b), and are subject to forfeiture pursuant

26

to 18 U.S.C. § 981(a)(1)(A);

1

b.

are involved in transactions or attempted transactions in violation of 18 U.S.C.

2

§ 1957, or are properties traceable to such properties, and are subject to seizure

3

pursuant to 18 U.S.C. § 981(b), and are subject to forfeiture pursuant to 18

4

U.S.C. § 981(a)(1)(A); and

5

c.

constitute or are derived from proceeds traceable to violations of 18 U.S.C. §

6

1343, a specified unlawful activity as defined in 18 U.S.C. §§ 1956(c)(7)(A)

7

and 1961(1)(B), or a conspiracy to commit such offenses, and are subject to

8

seizure pursuant to 18 U.S.C. § 981(b), and are subject to forfeiture pursuant

9

to 18 U.S.C. § 981(a)(1)(C).

10

It appearing that process was fully issued in this action and returned according to law;

11

On July 18, 2011, the Court entered an Order for Summons and Warrant of Arrest in Rem for the

12

Properties and Notice and issued the Summons and Warrant of Arrest in Rem. #8, #9, #10, #11, #12,

13

#13, #14, #15, #16.

14

The United States Marshals Service served the Complaint, the Order, the Summons and

15

Warrant of Arrest in Rem for the Properties, and the Notice by executing them on the defendant

16

properties.

17

2008 SUPRA 24 SUNSPORT
SERIAL NO. ISRSF031A808

18
19
20

2008 BOAT MATE TRAILER
VIN: 5A7BB242X8T002509
2006 FERRARI F430
VIN: ZFFEW58A360149771

21
22
23

2009 MERCEDES-BENZ, MODEL SL550
VIN: WDBSK71F39F142690
2009 HONDA PILOT EX-L
VIN: 5FNYF485X9B050010

24
25
26

Apple Towing
5720 E. Mineral Road
Guadalupe, AZ 85283
Apple Towing
5720 E. Mineral Road
Guadalupe, AZ 85283
Apple Towing
5720 E. Mineral Road
Guadalupe, AZ 85283
Apple Towing
5720 E. Mineral Road
Guadalupe, AZ 85283
Action Towing Dive Team
2822 E. California
Fresno, CA 93721

Served 8/5/11
11:58 a.m.
Served 8/5/11
11:59 a.m.
Served 8/5/11
11:57 a.m.
Served 8/5/11
11:56 a.m.
Served 8/15/11

#27, #29.
The United States Marshals Service served the Complaint, the Order, the Summons and
2

1

Warrant of Arrest in Rem for the Properties, and the Notice by executing them on the following

2

potential claimants:

3

Who Served:

Where / How Served:

4

Jean Marie Angelos

5

Peter Steve Angelos

6

David Robert Damante

PO Box 99
Applegate, CA 95703
PO Box 99
Applegate, CA 95703
through his attorney:
Thomas M. Baker, PLC
Baker & Baker
Bldg No. 10
5050 North Eighth Place
Phoenix, AZ 85014
through her attorney:
Thomas M. Baker, PLC
Baker & Baker
Bldg No. 10
5050 North Eighth Place
Phoenix, AZ 85014
through his attorney:
Andrew Dasiuke Stewart
KOSHIBA AGENA & KUBOTA
1003 Bishop Street, Ste. 2600
Honolulu, HI 96813
through his attorney:
Andrew Dasiuke Stewart
KOSHIBA AGENA & KUBOTA
1003 Bishop Street, Ste. 2600
Honolulu, HI 96813
Personally by USMS at
929 Calville Estates Court
Henderson, NV 89105
Personally by USMS at
929 Calville Estates Court
Henderson, NV 89105
through his attorney:
Randall G. Knox
870 Market Street #415
San Francisco, CA 94102-3010
through her attorney:
Randall G. Knox
870 Market Street #415
San Francisco, CA 94102-3010

7
8
9

Lea Denee Damante

10
11
12

Kuniyuki Hirota

13
14

Toshiharu Kokubun

15
16
17
18

Debbie Johnson

Doug Johnson

19
20

Sean Sinykin

21
22
23

Khanh Nguyen

Method:

Docket #

Reg mailed: 8/3/11
Cert Signed: 8/5/11
Reg mailed: 8/3/11
Cert Signed: 8/5/11
Reg mailed: 8/3/11
Cert Signed: 8/5/11

#25

Reg mailed: 8/3/11
Cert Signed: 8/5/11

#24

Reg mailed: 8/3/11
Cert Signed: 8/8/11

#28

Reg mailed: 8/3/11
Cert Signed: 8/8/11

#28

Served upon Debbie
Johnson on 9/19/11
at 2:30 pm.
Served upon Debbie
Johnson on 9/19/11
at 2:30 pm.
Reg mailed: 8/3/11
Cert Signed 8/8/11

#31

Reg mailed: 8/3/11
Cert Signed: 8/8/11

#28

#26
#23

#31

#28

24

Public notice of the forfeiture action and arrest was given to all persons and entities by

25

publication on the official government website www.forfeiture.gov from August 11, 2011, through

26

September 9, 2011. #30, p. 2-4.
3

1

On September 14, 2011, the Notice of Filing Proof of Publication Process was filed. #30.

2

No other person or entity has filed a claim, answer, or responsive pleading within the time

3
4
5

permitted by 18 U.S.C.§ 983(a)(4) and Fed. R. Civ. P. Supp. Rule G(4) and (5).
David Robert Damante is not in the military service within the purview of the
Servicemembers Civil Relief Act. Exhibit 1 to #32-1.

6

The allegations of the Complaint are sustained by the evidence and are adopted as findings

7

of fact. The Court concludes as a matter of law that the United States is entitled to the relief requested

8

in the Complaint.

9

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that

10

Default Judgment of Forfeiture be entered against the defendant properties and all persons or entities

11

who claim an interest in the defendant properties in the above-entitled action.

12

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that said properties be, and

13

the same is hereby forfeited to the United States of America, and no right, title, or interest in the

14

properties shall exist in any other party.

15
16

IT IS HEREBY CERTIFIED, pursuant to 28 U.S.C. § 2465(a)(2), that there was reasonable
cause for the seizure or arrest of the defendant properties.

17

November 8, 2011
DATED:___________________________

18
19
20

___________________________________
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
4