United States of America v. $50,000.00 in United States Currency

Filing 4

ORDER for Arrest in rem for Property. Signed by Judge Miranda M. Du on 1/18/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

7 UNITED STATES OF AMERICA,
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Plaintiff,
v.

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) 2:13-CV-049-MMD-(CWH)
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10 $50,000.00 IN UNITED STATES
CURRENCY,
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Defendant.
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ORDER FOR SUMMONS AND WARRANT OF ARREST
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IN REM FOR THE PROPERTY AND NOTICE
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A Complaint for Forfeiture in Rem arising from a federal statute has been filed by the United

15 States of America pursuant to Fed. R. Civ. P. Supp. Rule G. The Court, having reviewed the
16 Complaint, has found probable cause and that the United States has possession of the defendant
17 property; therefore, the clerk shall issue a Summons and Warrant of Arrest in Rem for the Property,
18 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

20 of Arrest in Rem for the Property issue against the $50,000.00 in United States Currency (Aproperty@);
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States of

22 America seizes, arrests, attached, takes into custody, and retains the property;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that notice of the action and

24 the arrest be given by the United States of America on the United States=s official internet forfeiture
25 site, www.forfeiture.gov, for at least 30 consecutive days pursuant to Fed. R. Civ. P. Supp. Rule
26 G(4)(a)(iv);

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

2 Complaint for Forfeiture In Rem, this Order, the Summons and Warrant of Arrest in Rem for the
3 Property, and the Notice of Complaint for Forfeiture and Arrest of Property be personally served, or if
4 unable to effect personal service, sent by certified mail, return receipt requested, and regular mail, to
5 all persons claiming an interest in the property;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States of

7 America shall file proof of publication and service with the Clerk of this Court;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a person or an entity

9 who asserts an interest in the defendant property must, pursuant to Fed. R. Civ. P. Supp. Rule G(5),
10 file a verified claim setting forth the person=s or its interest in the property that (a) identifies the
11 specific interest in the property claimed, (b) identifies the claimant and states the claimant=s interest in
12 the property, and (c) is signed by the claimant under penalty of perjury pursuant to 28 U.S.C. ' 1746;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity

14 must file with the Clerk of the above-entitled Court no later than 35 days after the notice is sent or, if
15 direct notice was not sent, no later than 60 days after the first day of publication on the official internet
16 government forfeiture site, www.forfeiture.gov;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity

18 must file an answer to the Complaint for Forfeiture in Rem or a motion under Rule 12 with the Clerk
19 of the Court, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas,
20 NV 89101, no later than 21 days after filing the claim;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity

22 must serve a copy of the claim and the answer at the time of each filing on Michael Humphreys,
23 Assistant United States Attorney, Lloyd D. George United States Courthouse, 333 Las Vegas
24 Boulevard South, Suite 5000, Las Vegas, Nevada 89101.
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Failure to file a verified claim and an answer within the prescribed times shall result in a

2 judgment of forfeiture by default.
18th

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January
DATED this __day of _________________ 2013.

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UNITED STATES DISTRICT JUDGE

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