United States of America v. $1,002,327.00 in United States Currency et al

Filing 70

Amended ORDER for Summonses and Warrants of Arrest in Rem for the Property and Notice Signed by Judge James C. Mahan on 4/7/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:13-cv-00100-JCM-GWF Document 76 Filed 04/03/15 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

8 UNITED STATES OF AMERICA,
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Plaintiff,
v.

11 $1,002,327.00 IN UNITED STATES
CURRENCY seized from Fidelity Investment
12 Account No. xxxxx9730;
13 $46,173.56 IN UNITED STATES
CURRENCY seized from Bank of America
14 Account No. xxxxxxx3971;
15 $39,451.60 in UNITED STATES
CURRENCY seized from Gulf Coast
16 Community Bank Account No. xxxxxx4690;
17 $296,746.66 IN UNITED STATES
CURRENCY seized from Gulf Coast
18 Community Bank Account No. xxxxxx5034;
19 $177,844.68 IN UNITED STATES
CURRENCY seized from Gulf Coast
20 Community Bank Account No. xxxxxx4740;
21 2012 Ford F-250 truck, VIN:
1FT7W2BT1CEC44330; and
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2011 Chevrolet 3500 Express Van,
23 VIN: 1GB3G3CG9B1113885
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Defendants.

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) 2:13-CV-100-JCM-(GWF)
) 2:13-CV-947-JCM-(GWF)
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AMENDED ORDER FOR SUMMONSES AND WARRANTS OF ARREST
IN REM FOR THE PROPERTY AND NOTICE

Case 2:13-cv-00100-JCM-GWF Document 76 Filed 04/03/15 Page 2 of 3

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An Amended Complaint for Forfeiture in Rem arising from a federal statute has been filed by

2 the United States of America (“United States”) pursuant to Supplemental Rules for Admiralty or
3 Maritime Claims and Asset Forfeiture Actions (“Fed. R. Civ. P. Supp. Rule”) G. The Court, having
4 reviewed the Amended Complaint, has found probable cause and that the United States has possession
5 of the defendant property; therefore, the clerk shall issue Summonses and Warrants of Arrest in Rem
6 for the Property, pursuant to Fed. R. Civ. P. Supp. Rule G(3)(b).
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Amended Summonses

8 and Warrants of Arrest in Rem for the Property issue against the $1,002,327.00 in United States
9 Currency seized from Fidelity Investment Account No. xxxxx9730; $46,173.56 in United States
10 Currency seized from Bank of America Account No. xxxxxxx3971; $39,451.60 in United States
11 Currency seized from Gulf Coast Community Bank Account No. xxxxxxx4690; $296,746.66 in
12 United States Currency seized from Gulf Coast Community Bank Account No. xxxxxx5034;
13 $177,844.68 in United States Currency seized from Gulf Coast Community Bank Account No.
14 xxxxxx4740; 2012 Ford F-250 Truck, VIN: 1FT7W2BT1CEC44330; and 2011 Chevrolet 3500
15 Express Van, VIN:1GB3G3CG9B1113885 (Aproperty@);
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States

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

19 the arrest be given by the United States on the United States= official internet forfeiture site,
20 www.forfeiture.gov, for at least 30 consecutive days pursuant to Fed. R. Civ. P. Supp. Rule G(4)(a)(iv)
21 which is reasonably calculated to notify potential claimants of this action;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a copy of the Amended

23 Complaint for Forfeiture In Rem, this Amended Order, the Amended Summonses and Warrants of
24 Arrest in Rem for the Property, and the Notice of Amended Complaint for Forfeiture and Arrest be
25 personally served or sent by certified mail, return receipt requested, and regular mail to any person
26 who reasonably appears to be a potential claimant on facts known to the United States before the end
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Case 2:13-cv-00100-JCM-GWF Document 76 Filed 04/03/15 Page 3 of 3

1 of the 60 day publication period which is reasonably calculated to notify potential claimants of this
2 action;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States shall

4 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

6 who asserts an interest in the defendant property must, pursuant to Fed. R. Civ. P. Supp. Rule G(5),
7 file a verified claim, setting forth the person=s or its interest in the property, that (a) identifies the
8 specific interest in the property claimed, (b) identifies the claimant and states the claimant=s interest in
9 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

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

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

19 must serve a copy of the verified claim and the answer at the time of each filing on Michael A.
20 Humphreys, Assistant United States Attorney, Lloyd D. George United States Courthouse, 333 Las
21 Vegas 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

23 judgment of forfeiture by default.
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April 7, 2015.
DATED this ___ day of April, 2015.

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UNITED STATES DISTRICT JUDGE
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