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United States v. Real Property Located at 621 5th Avenue East

United States District Court, D. Montana, Missoula Division

May 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 621 5th AVENUE EAST, SUPERIOR, MONTANA; 260 ASSORTED SILVER BARS AND COINS IN SAFE DEPOSIT BOX #2646 $14, 486.95; $4, 050.00 UNITED STATES CURRENCY; $10, 000 UNITED STATES CURRENCY INSAFE DEPOSIT BOX #263, MULLAN TRAIL BANK; $109, 800.00 UNITED STATES CURRENCY IN SAFE DEPOSIT BOX #2646, U.S. BANK; AND 108 ASSORTED SILVER BARS AND COLLECTIBLE COINS IN SAFE DEPOSIT BOX #263 $4, 289.17, Defendants.

          ORDER

          Dana L. Christensen, Chief Judge.

         This matter is brought before this Court by Plaintiff, United States, by and through Assistant U.S. Attorney Victoria L. Francis. The United States has filed an Unopposed Motion for Entry of Judgment and Decree of Forfeiture and a Settlement Agreement. (Doc. 25.) Upon considering the pleadings filed in this action, and having reviewed the motion and the Settlement Agreement filed with the Court, this Court hereby makes the following Findings of Fact, Conclusions of Law and Decree.

         FINDINGS OF FACT

         1. On March 10, 2016, the United States filed a Verified Complaint for Forfeiture in Rem pursuant to 18 U.S.C. § 981(a)(1)(A) and (C) and 21 U.S.C. § 881(a)(6) and (7) seeking forfeiture of the following real and personal property:

(a) Real property titled in the name of Gary Ruth ford, located at 621 5th Avenue East, Superior, Montana, more particularly described as Lot 8 in Block 3, Homing Addition to the Town of Superior, Mineral County, Montana, according to the official recorded plat thereof.
(b) Two hundred sixty (260) assorted silver bars and coins (valued at approximately $14, 486.95) seized from safe deposit box #2646 at U.S. Bank in Missoula, Montana.
(c) $109, 800.00 in U.S. Currency seized from safe deposit box #2646 at U.S. Bank in Missoula, Montana.
(d) One hundred eight (108) assorted silver bars and collectible coins (valued at approximately $4, 289.17) seized from safe deposit box #263 at Mullan Trail Bank in Superior, Montana.
(e) $10, 000.00 in U.S. Currency seized from safe deposit box #263 at Mullan Trail Bank in Superior, Montana.
(f) $4, 050.00 in U.S. Currency seized from a gun safe located in the residence described above in paragraph 1(a).

(Doc. 1, pp. 8-10 at paras, 14-16; p. 14 at para. 24.) The defendant's real and personal property are collectively referred to as the "defendant property."

         2. On March 13, 2016, the United States provided "direct notice" of this forfeiture action to Gary Ruth ford, and his attorney. Lance P. Jasper, and James Michael Ruth ford in accordance with Supplemental Rule G(4)(b). (Doc. 19, paras. 4-5, and Doc. 3.)

         3. On March 16, 2016, DBA Task Force Officer Trollope posted copies of the notice of complaint for forfeiture and verified complaint on the defendant real property located at 621 5th Avenue East in Superior, Montana, in accordance with 18 U.S.C. § 985(c)(1)(B). (Doc. 5.) On January 30, 2017, the U.S. Marshals executed the Warrant of Arrest In Rem on the Defendant personal property. (Doc. 4, 23.)

         4. A notice of lis pendens was filed with the Clerk and Recorder of Mineral County on March 18, 2016, ...


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