United States District Court, D. Montana, Missoula Division
L. Christensen, Chief Judge.
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
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
(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,
(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."
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.)
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.)
notice of lis pendens was filed with the Clerk and Recorder
of Mineral County on March 18, 2016, ...