United States of America v. $37,425.00 in United States Currency

Filing 3

ORDER for Summons and Warrant of Arrest in rem for the Property and Notice. Signed by Judge Andrew P. Gordon on 9/18/2014. (Copies have been distributed pursuant to the NEF - EDS)

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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.

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) 2:14-CV-1515-APG-(CWH)
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11 $37,425.00 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

16 States of America (“United States”) pursuant to Supplemental Rules for Admiralty or Maritime Claims
17 and Asset Forfeiture Actions (“Fed. R. Civ. P. Supp. Rule”) G. The Court, having reviewed the
18 Complaint, has found probable cause and that the United States has possession of the defendant
19 property; therefore, the clerk shall issue a Summons and Warrant of Arrest in Rem for the Property,
20 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

22 of Arrest in Rem for the Property issue against the $37,425.00 in United States Currency (Aproperty@);
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States

24 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

26 the arrest be given by the United States on the United States= official internet forfeiture site,

1 www.forfeiture.gov, for at least 30 consecutive days pursuant to Fed. R. Civ. P. Supp. Rule G(4)(a)(iv)
2 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

4 Complaint for Forfeiture In Rem, this Order, the Summons and Warrant of Arrest in Rem for the
5 Property, and the Notice of Complaint for Forfeiture and Arrest be personally served or sent by
6 certified mail, return receipt requested, and regular mail to any person who reasonably appears to be a
7 potential claimant on facts known to the United States before the end of the 60 day publication period
8 which is reasonably calculated to notify potential claimants of this action;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States shall

10 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

12 who asserts an interest in the defendant property must, pursuant to Fed. R. Civ. P. Supp. Rule G(5),
13 file a verified claim, setting forth the person=s or its interest in the property, that (a) identifies the
14 specific interest in the property claimed, (b) identifies the claimant and states the claimant=s interest in
15 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

17 must file the verified claim with the Clerk of the above-entitled Court no later than 35 days after the
18 notice is sent or, if direct notice was not sent, no later than 60 days after the first day of publication on
19 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

21 must file an answer to the Complaint for Forfeiture in Rem or a motion under Rule 12 with the Clerk
22 of the Court, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas,
23 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

25 must serve a copy of the verified claim and the answer at the time of each filing on Michael A.
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1 Humphreys, Assistant United States Attorney, Lloyd D. George United States Courthouse, 333 Las
2 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

4 judgment of forfeiture by default.
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DATED this 18th day of September, 2014.

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UNITED STATES DISTRICT JUDGE

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