United States of America v. $21,000 in United States Currency

Filing 3

ORDER for Summons and Warrant of Arrest in Rem for the Property. Signed by Judge James C. Mahan on 4/1/15. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:15-cv-00586-JCM-CWH Document 2 Filed 03/31/15 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 $21,000 IN UNITED STATES CURRENCY,

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) 2:15-CV-586-JCM-(CWH)
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Defendant.

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ORDER FOR SUMMONS AND WARRANT OF ARREST
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 property;
19 therefore, the clerk shall issue a Summons and Warrant of Arrest in Rem for the Property, pursuant to Fed.
20 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

22 Arrest in Rem for the Property issue against the $21,000 in United States Currency (Aproperty@);
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States seizes,

24 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 the

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

Case 2:15-cv-00586-JCM-CWH Document 2 Filed 03/31/15 Page 2 of 3

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 Complaint

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

10 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 who

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

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

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

25 serve a copy of the verified claim and the answer at the time of each filing on Michael A. Humphreys,
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Case 2:15-cv-00586-JCM-CWH Document 2 Filed 03/31/15 Page 3 of 3

1 Assistant United States Attorney, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard
2 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 judgment

4 of forfeiture by default.
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April 1, 2015.
DATED this ___ day of _____________, 2015.

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UNITED STATES DISTRICT JUDGE

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