United States of Ameria v. $196,000 In United States Currency

Filing 4

ORDER For Summons and Warrant of Arrest in REM for the Property and Notice Signed by Magistrate Judge Peggy A. Leen on 8/14/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
$196,000.00 IN UNITED STATES
CURRENCY,

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Defendant.

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2:12-CV-1409-JCM-(PAL)

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ORDER FOR SUMMONS AND WARRANT OF ARREST
IN REM FOR THE PROPERTY AND NOTICE

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A Verified Complaint for Forfeiture in Rem arising from a federal statute has been filed by

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the United States of America, pursuant to Fed. R. Civ. P. Supp. Rule G. The Court, having reviewed

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the Complaint, has found probable cause and that the United States has possession of the defendant

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property; therefore, the clerk shall issue a Summons and Warrant of Arrest in Rem for the Property,

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pursuant to Fed. R. Civ. P. Supp. Rule G(3)(b).

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that a Summons and Warrant
of Arrest in Rem for the Property issue against the property;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States of
America seizes, arrests, takes into custody, and retains the $196,000.00 in United States Currency;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all persons claiming

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an interest in the property must file a verified claim, pursuant to Fed. R. Civ. P. Supp. Rule G(4)(b)

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and (5), no later than 35 days after the notice is sent or, if direct notice was not sent, no later than 60

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days after the first day of publication on the United States’s official internet forfeiture site,

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www.forfeiture.gov;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person asserting

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such interest in the property must serve and must file an answer to the United States’s Verified

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Complaint for Forfeiture In Rem or a motion under Rule 12 no later than 21 days after filing the claim,

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pursuant to Fed. R. Civ. P. Supp. Rule G(5)(b);

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the claim and the

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answer must be served on Michael A. Humphreys, Assistant United States Attorney, United States

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Attorney’s Office for the District of Nevada, 333 Las Vegas Blvd. South, Suite 5000, Las Vegas,

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Nevada 89101, at the times of filing, pursuant to Fed. R. Civ. P. Supp. Rule G(5)(a) and (b);
Failure to file a verified claim and an answer within the prescribed times shall result in a
judgment of forfeiture by default;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that notice of the action

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and the arrest be given by the United States of America on the United States’s official internet

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forfeiture site, www.forfeiture.gov, for at least 30 consecutive days pursuant to Fed. R. Civ. P. Supp.

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Rule G(4)(a)(iv);

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a copy of the Verified

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Complaint for Forfeiture In Rem, this Order, the Summons and Warrant of Arrest in Rem for the

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Property, and the Notice of Complaint for Forfeiture and Arrest of Property be personally served, or

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if unable to effect personal service, sent by certified mail, return receipt requested, and regular mail,

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to all persons claiming an interest in the property;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States of
America shall file proof of publication and service with the Clerk of this Court.
DATED this

day of

, 2012.

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UNITED STATES
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JUDGE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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$196,000.00 IN UNITED STATES CURRENCY, )
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Defendant.
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2:12-CV-1409-JCM-(PAL)

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SUMMONS AND WARRANT OF ARREST IN REM FOR THE PROPERTY
TO:

Drug Enforcement Administration

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WHEREAS, on the 9th day of August, 2012, the United States of America filed a Verified

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Complaint for Forfeiture in Rem against the defendant property for the reasons stated in the

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Complaint;

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YOU ARE, THEREFORE, COMMANDED to seize, to arrest, to attach, to take into

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custody, and to retain the $196,000.00 in United States Currency; to serve the Verified Complaint for

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Forfeiture in Rem, the Order for Summons and Warrant of Arrest in Rem for the Property and Notice,

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the Summons and Warrant in Rem for the Property, and the Notice of Complaint for Forfeiture and

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Arrest of Property on all potential claimants of the defendant property; and to make a return of this

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Summons and Warrant of Arrest in Rem for the Property.

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A potential claimant must (1) file a verified claim setting forth his, her, or its interest in the

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property, pursuant to Fed. R. Civ. P. Supp. Rule G(4)(b) and (5), no later than 35 days after the notice

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is sent or, if direct notice was not sent, no later than 60 days after the first day of publication on the

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United States’s official internet forfeiture site, www.forfeiture.gov; (2) file an answer to the Complaint

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for Forfeiture in Rem or a motion under Rule 12 with the Clerk of this Court no later than 21 days

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after filing the claim, pursuant to Fed. R. Civ. P. Supp. Rule G(5)(b); and (3) serve a copy of the filed

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claim and filed answer at the times of filing on Michael A. Humphreys, Assistant United States

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Attorney, United States Attorney’s Office for the District of Nevada, 333 Las Vegas Blvd. South,

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Suite 5000, Las Vegas, Nevada 89101, pursuant to Fed. R. Civ. P. Supp. Rule G(5)(a) and (b).

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If a potential claimant fails to do so, a judgment of forfeiture by default will be entered against
that potential claimant for the relief demanded in the Complaint for Forfeiture in Rem.

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All persons and entities who have an interest in the defendant property may, in addition to

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filing a claim or in lieu of the filing of a claim, submit a Petition for Remission or Mitigation of the

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forfeiture for a non-judicial determination of this action pursuant to 28 C.F.R. Part 9.

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DATED this ____ day of _________________, 2012.

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LANCE S. WILSON, CLERK
8/15/2012
United States District Court

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By:
DEPUTY CLERK

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