United States of America v. $204,700.00 in United States Currency

Filing 4

ORDER for Summons and Warrant of Arrest in Rem for the Property. Signed by Chief Judge Miranda M. Du on 11/17/2020. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:20-cv-00626-MMD-WGC Document 4 Filed 11/17/20 Page 1 of 3

1 NICHOLAS A. TRUTANICH
United States Attorney
2 District of Nevada
Nevada Bar Number 13644
3 JAMES A. BLUM
Assistant United States Attorney
4 501 Las Vegas Blvd. So., Suite 1100
Las Vegas, Nevada 89101
5 [phone]
[e-mail]
6 Attorneys for the United States
7
8
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

9
10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14
15
16

v.

3:20-CV-626-MMD-WGC
Order for Summons and Warrant of
Arrest in Rem for the Property and
Notice

$204,700.00 IN UNITED STATES
CURRENCY,
Defendant.

17
18

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

19 the United States of America pursuant to Supplemental Rules for Admiralty or Maritime
20 Claims and Asset Forfeiture Actions (Fed. R. Civ. P. Supp. Rule) G. The Court, having
21 reviewed the Complaint, has found probable cause and that the United States has
22 possession of the defendant property; therefore, the clerk shall issue a Summons and
23 Warrant of Arrest in Rem for the Property, pursuant to Fed. R. Civ. P. Supp. Rule G(3)(b).
24

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that a Summons

25 and Warrant of Arrest in Rem for the Property issue against the $204,700.00 in United
26 States Currency (property);
27

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United

28 States seize, arrest, attach, take into custody, and retain the property;

Case 3:20-cv-00626-MMD-WGC Document 4 Filed 11/17/20 Page 2 of 3

1

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that notice of

2

the action and the arrest be given by the United States on the United States= official internet

3

forfeiture site, www.forfeiture.gov, for at least 30 consecutive days pursuant to Fed. R. Civ.

4

P. Supp. Rule G(4)(a)(iv) which is reasonably calculated to notify potential claimants of

5

this action;

6

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a copy of

7

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

8

Rem for the Property, and the Notice of Complaint for Forfeiture and Arrest be personally

9

served or sent by certified mail, return receipt requested, and regular mail to any person

10

who reasonably appears to be a potential claimant on facts known to the United States

11

before the end of the 60 day publication period which is reasonably calculated to notify

12

potential claimants of this action;

13
14
15

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United
States shall file proof of publication and service with the Clerk of this Court;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a person or

16

an entity who asserts an interest in the defendant property must, pursuant to Fed. R. Civ.

17

P. Supp. Rule G(5), file a verified claim, setting forth the person=s or its interest in the

18

property, that (a) identifies the specific property claimed, (b) identifies the claimant and

19

states the claimant’s interest in the property, and (c) is signed by the claimant under penalty

20

of perjury pursuant to 28 U.S.C. § 1746;

21

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person

22

or entity must file the verified claim with the Clerk of the above-entitled Court no later than

23

35 days after the notice is sent or, if direct notice was not sent, no later than 60 days after

24

the first day of publication on the official internet government forfeiture site,

25

www.forfeiture.gov;

26

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person

27

or entity must file an answer to the Complaint for Forfeiture in Rem or a motion under

28

Rule 12 with the Clerk of the Court, Bruce R. Thompson U.S. Courthouse and Federal
2

Case 3:20-cv-00626-MMD-WGC Document 4 Filed 11/17/20 Page 3 of 3

1

Building, 400 South Virginia Street, 3rd Floor, Reno, Nevada 89501, no later than 21 days

2

after filing the verified claim;

3

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person

4

or entity must serve a copy of the verified claim and the answer at the time of each filing on

5

James A. Blum, Assistant United States Attorney, 501 Las Vegas Boulevard South, Suite

6

1100, Las Vegas, Nevada 89101.

7
8
9

Failure to file a verified claim and an answer within the prescribed times shall result
in a judgment of forfeiture by default.
November 16
DATED ___________________, 2020.

10
11

UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3