United States of America v. $60,141 in United States Currency

Filing 3

ORDER for Summons and Warrant of Arrest in Rem for the Property and Notice Re: 2 Proposed Order Submission. Signed by Magistrate Judge Craig S. Denney on 10/24/2024. (Copies have been distributed pursuant to the NEF - DRM)

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3 1 JASON M. FRIERSON United States Attorney 2 Nevada Bar Number 7709 MISTY L. DANTE 3 Assistant United States Attorney 501 Las Vegas Boulevard South, Suite 1100 4 Las Vegas, Nevada 89101 (702) 388-6336 5 Misty.Dante@usdoj.gov Attorneys for the United States 6 7 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 United States of America, Plaintiff, 12 13 v. 3:24-CV-480-ART-CSD Order for Summons and Warrant of Arrest in Rem for the Property and Notice 14 $60,141 in United States Currency, 15 16 Defendant. A Complaint for Forfeiture in Rem arising from a federal statute has been filed by 17 the United States of America under the Supplemental Rule for Admiralty or Maritime 18 Claims and Asset Forfeiture Actions (Fed. R. Civ. P. Supp. Rule) G. The Court, having 19 reviewed the Complaint, has found probable cause and that the United States has 20 possession of the defendant property; therefore, the Clerk shall issue a Summons and 21 Warrant of Arrest in Rem for the Property, under Fed. R. Civ. P. Supp. Rule G(3)(b). 22 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that a Summons 23 and Warrant of Arrest in Rem for the Property issue against the $60,141 in United States 24 Currency (property); 25 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United 26 States seize, arrest, attach, take into custody, and retain the property; 27 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that notice of the 28 action and the arrest be given by the United States on the United States= official internet 1 forfeiture site, www.forfeiture.gov, for at least 30 consecutive days under Fed. R. Civ. P. 2 Supp. Rule G(4)(a)(iv) which is reasonably calculated to notify potential claimants of this 3 action; 4 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a copy of the 5 Complaint for Forfeiture In Rem, this Order, the Summons and Warrant of Arrest in Rem 6 for the Property, and the Notice of Complaint for Forfeiture and Arrest be personally 7 served or sent by certified mail, return receipt requested, and regular mail to any person 8 who reasonably appears to be a potential claimant on facts known to the United States 9 before the end of the 60 day publication period which is reasonably calculated to notify 10 11 12 13 potential claimants of this action; 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 14 an entity who asserts an interest in the defendant property must, under Fed. R. Civ. P. 15 Supp. Rule G(5), file a verified claim, setting forth the person=s or its interest in the 16 property, that (a) identifies the specific property claimed, (b) identifies the claimant and 17 states the claimant’s interest in the property, and (c) is signed by the claimant under penalty 18 of perjury under 28 U.S.C. § 1746; 19 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or 20 entity must file the verified claim with the Clerk of the above-entitled Court no later than 21 35 days after the notice is sent or, if direct notice was not sent, no later than 60 days after 22 the first day of publication on the official internet government forfeiture site, 23 www.forfeiture.gov; 24 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or 25 entity must file an answer to the Complaint for Forfeiture in Rem or a motion under Rule 26 12 with the Clerk of the Court, Bruce R. Thompson U.S. Courthouse and Federal Building, 27 400 South Virginia Street, 3rd Floor, Reno, Nevada 89501, no later than 21 days after filing 28 the verified claim; 2 1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or 2 entity must serve a copy of the verified claim and the answer at the time of each filing on 3 Misty L. Dante, Assistant United States Attorney, 501 Las Vegas Boulevard South, Suite 4 1100, Las Vegas, Nevada 89101. 5 6 7 Failure to file a verified claim and an answer within the prescribed times shall result in a judgment of forfeiture by default. October 24 DATED ___________________, 2024. 8 9 10 CRAIG S. DENNEY U.S. MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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