United States of America v. $14,782.00 in United States Currency and 48,700.00 in Mexican Pesos

Filing 3

ORDER for Summons and Warrant of Arrest In Rem for the Property and Notice. Signed by Judge James C. Mahan on 06/25/2013. (Copies have been distributed pursuant to the NEF - AC)

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Case 2:13-cv-01096-JCM-PAL Document 2 Filed 06/21/13 Page 1 of 3 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 UNITED STATES OF AMERICA, 9 10 Plaintiff, v. 11 $14,782.00 IN UNITED STATES CURRENCY and 48,700.00 IN MEXICAN 12 PESOS, 13 Defendants. ) ) ) ) ) 2:13-CV-01096-JCM-(PAL) ) ) ) ) ) ) ) 14 15 16 17 ORDER FOR SUMMONS AND WARRANT OF ARREST IN REM FOR THE PROPERTY AND NOTICE A Complaint for Forfeiture in Rem arising from a federal statute has been filed by the United 18 States of America pursuant to Fed. R. Civ. P. Supp. Rule G. The Court, having reviewed the 19 Complaint, has found probable cause and that the United States has possession of the defendant 20 property; therefore, the clerk shall issue a Summons and Warrant of Arrest in Rem for the Property, 21 pursuant to Fed. R. Civ. P. Supp. Rule G(3)(b). 22 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that a Summons and Warrant 23 of Arrest in Rem for the Property issue against the $14,782.00 in United States Currency; and 24 48,700.00 in Mexican Pesos (Aproperty@); 25 . . . 26 . . . Case 2:13-cv-01096-JCM-PAL Document 2 Filed 06/21/13 Page 2 of 3 1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States of 2 America seizes, arrests, attaches, takes into custody, and retains the property; 3 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that notice of the action and 4 the arrest be given by the United States of America on the United States= official internet forfeiture 5 site, www.forfeiture.gov, for at least 30 consecutive days pursuant to Fed. R. Civ. P. Supp. Rule 6 G(4)(a)(iv); 7 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a copy of the 8 Complaint for Forfeiture In Rem, this Order, the Summons and Warrant of Arrest in Rem for the 9 Property, and the Notice of Complaint for Forfeiture and Arrest of Property be personally served, or if 10 unable to effect personal service, sent by certified mail, return receipt requested, and regular mail, to 11 all persons claiming an interest in the property; 12 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States of 13 America shall file proof of publication and service with the Clerk of this Court; 14 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a person or an entity 15 who asserts an interest in the defendant property must, pursuant to Fed. R. Civ. P. Supp. Rule G(5), 16 file a verified claim setting forth the person=s or its interest in the property that (a) identifies the 17 specific interest in the property claimed, (b) identifies the claimant and states the claimant=s interest in 18 the property, and (c) is signed by the claimant under penalty of perjury pursuant to 28 U.S.C. ' 1746; 19 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity 20 must file with the Clerk of the above-entitled Court no later than 35 days after the notice is sent or, if 21 direct notice was not sent, no later than 60 days after the first day of publication on the official internet 22 government forfeiture site, www.forfeiture.gov; 23 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity 24 must file an answer to the Complaint for Forfeiture in Rem or a motion under Rule 12 with the Clerk 25 of the Court, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, 26 NV 89101, no later than 21 days after filing the claim; 27 8 2 Case 2:13-cv-01096-JCM-PAL Document 2 Filed 06/21/13 Page 3 of 3 1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity 2 must serve a copy of the claim and the answer at the time of each filing on Michael A. Humphreys, 3 Assistant United States Attorney, Lloyd D. George United States Courthouse, 333 Las Vegas 4 Boulevard South, Suite 5000, Las Vegas, Nevada 89101. 5 Failure to file a verified claim and an answer within the prescribed times shall result in a 6 judgment of forfeiture by default. 7 June 25, 2013. DATED this ___ day of June, 2013. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8 3

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