United States of America v. $177,940.00 in United States Currency

Filing 4

ORDER FOR SUMMONS AND WARRANT OF ARREST IN REM FOR PROPERTY AND NOTICE, re ECF No. 3 Proposed Order. Signed by Judge Miranda M. Du on 6/7/2017. (Copies have been distributed pursuant to the NEF - KR)

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STEVEN W. MYHRE
Acting United States Attorney
GREG ADDINGTON
Nevada State Bar No. 6875
Assistant United States Attorney
100 West Liberty Street, Suite 600
Reno, Nevada 89501
[phone]
Fax: [phone]
[e-mail]
Attorneys for United States of America
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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3:17-cv-348-MMD-VPC

Plaintiff,
v.
$177,940.00 IN UNITED STATES
CURRENCY,
Defendant.

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ORDER FOR SUMMONS AND WARRANT OF ARREST

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IN REM FOR PROPERTY AND NOTICE

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A Complaint for Forfeiture in Rem has been filed herein by the United States of America.

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Pursuant to Rule G(2) of the Supplemental Rules for Certain Admiralty or Maritime Claims and

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Asset Forfeiture Actions, in actions by the United States for forfeitures for federal statutory

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violations, the clerk, upon filing of the complaint, shall issue a summons and warrant to arrest the

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property if it is in the government’s possession, custody, or control.

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IT IS, THEREFORE, HEREBY ORDERED that a Summons and Warrant of Arrest

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issue against the property named in the Complaint and that the United States of America seize,

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arrest, and take into custody defendant $177,940.00 IN UNITED STATES CURRENCY, and
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that all persons claiming an interest in the property must file a verified claim pursuant to Rule

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G(5) of the Supplemental Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture

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Actions, and 18 U.S.C. § 983(a)(4)(A). The person asserting such interest in seized property in

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accordance with Rule G(5) and 18 U.S.C. § 983(a)(4)(A) shall file an answer or motion under

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Rule 12 responding to the Government’s complaint for forfeiture not later than 21 days after the

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date of the filing of the claim. The claim and the answer or motion must be served upon the

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Office of the United States Attorney at the time of filing. Failure to file a verified claim and an

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answer or motion within the prescribed time will result in a judgment of forfeiture by default.

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IT IS FURTHER ORDERED that notice of the action and the arrest be given by the

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United States of America by publication pursuant to Rule G(4)(a) of the Supplemental Rules for

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Certain Admiralty or Maritime Claims and Asset Forfeiture Actions, and that a copy of the

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Complaint for Forfeiture in Rem, this Order, the Warrant of Arrest, and the Notice of Complaint

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for Forfeiture and Arrest of Property be sent to any person who reasonably appears to be a

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potential claimant to the defendant property in accordance with Rule G(4)(b) of the Supplemental

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Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions.

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IT IS FURTHER ORDERED that the United States of America shall file proof of

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publication and service with the Clerk of this Court.

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7th
June
DATED this ______ day of ____________________, 2017.

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_________________________________
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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3:17-cv-348-MMD-VPC

Plaintiff,
v.
$177,940.00 IN UNITED STATES CURRENCY,
Defendant.

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SUMMONS AND WARRANT OF ARREST
IN REM FOR PROPERTY AND NOTICE
TO: UNITED STATES MARSHALS SERVICE

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WHEREAS, on the 5th day of June, 2017, the United States of America filed a Complaint

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for Forfeiture in Rem against the above-named defendant for the reasons stated in the Complaint;

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YOU ARE, THEREFORE, COMMANDED to arrest, to attach, to take into custody,

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and to retain defendant $177,940.00 IN UNITED STATES CURRENCY, to give notice of the

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following to all persons claiming an interest in the property: (1) to file a verified claim setting

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forth their interest in the property in accordance with Rule G(5) of the Supplemental Rules for

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Certain Admiralty or Maritime Claims and Asset Forfeiture Actions and 18 U.S.C. §

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983(a)(4)(A); and (2) to file an answer or motion under Rule 12 responding to the Complaint for
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Forfeiture with the Clerk of this Court within 21 days after filing the claim; and (3) to serve a

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copy of the filed claim and filed answer or motion upon the United States Attorney for the District

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of Nevada; and (4) that failure to file a verified claim and an answer or motion will result in a

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judgment of forfeiture by default; and to make a return of this warrant.

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Additional procedures and regulations regarding this forfeiture action are found at 19

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U.S.C. §§ 1602-1619 and Title 21, Code of Federal Regulations (C.F.R.), Sections 1316.71-

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1316.81. All persons and entities who have an interest in the defendant property may, in addition

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to filing a claim or in lieu of the filing of a claim, submit a Petition for Remission or Mitigation

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of the forfeiture for a non-judicial determination of this action pursuant to 28 C.F.R. Part 9.

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7th
June
DATED this ______ day of ____________________, 2017.

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DEBRA K. KEMPI, CLERK
United States District Court

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By: _______________________________
DEPUTY CLERK

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