United States District Court, D. Montana, Great Falls Division
FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT, AND
ORDER OF FORFEITURE
Morris United States District Court Judge.
United States of America has moved for an entry of Default
Judgment and Order of Forfeiture pursuant to Fed.R.Civ.P.
55(b)(2) and 56(a). (Doc. 14.) The Court makes the following
Findings of Fact and Conclusions of Law.
December 21, 2017, the United States instituted a judicial
forfeiture action by filing in this cause a Verified
Complaint in Rem against the Defendant currency in
the amount of $12, 950.00, to forfeit property under 21
U.S.C. §§ 841 and 881(a)(6), asserting the
Defendant currency was furnished, or intended to be
furnished, in exchange for a controlled substance, and/or was
used, or intended to be used, to facilitate one or more
violations of 21 U.S.C. § 841, et seq . (Doc.
January 8, 2018, the Homeland Security Investigations
executed the Warrant of Arrest in Rem that was
issued by this Court on January 5, 2018, and arrested the
defendant currency. (Doc. 5.)
December 28, 2017, the United States provided “direct
notice” of this civil asset forfeiture action, by
mailing the Notice of Complaint for Forfeiture and Verified
Complaint In Rem (Doc. 3) to Robert David Linn, to the
address of the correctional facility where he was ordered to
serve his sentence, and to Craig W. Frazier, via first class
U.S. mail and Certified mail, to the address he provided in
his administrative claim. (See Doc. 11.)
January 10, 2018, Craig W. Frazier filed an answer and motion
declaring he has no interest in the $12, 950 in U.S. currency
and no objection to summary judgment on behalf of the United
States related to the Defendant currency. (Doc. 6, p. 2.)
United States v. Robert David Linn, CR 17-31-GF-BMM,
Linn executed a Plea Agreement, filed with the Court in CR
17-31-GF-BMM as Doc. 16, which provides on page 3 that
Defendant Linn agrees to disclaim any interest in any drug
trafficking proceeds that the United States seeks to forfeit.
Notice of this forfeiture action was also provided to known
and unknown potential claimants by publishing on the
government's asset forfeiture website the Notice of
Forfeiture Action for 30 consecutive days, beginning on
January 6, 2018, and ending on February 4, 2018. The
“Notice of Forfeiture Action” provides in
pertinent part as follows:
Any person claiming a legal interest in the Defendant
Property must file a verified Claim with the court within 60
days from the first day of publication (January 6, 2018) of
this Notice on this official government internet web site and
an Answer to the complaint or motion under Rule 12 of the
Federal Rules of Civil Procedure within 21 days thereafter. .
(Dec. of Publication, Doc. 8, Att. 1.)
considering the United States' Motion for Entry of
Default of Known Potential Claimant, Robert David Linn, and
Unknown Potential Claimants (Doc. 9) and Amended Declaration
filed in support of the motion (Doc. 11), the Clerk of
District Court entered the default of Robert David Linn, and
any unknown potential claimants, on March 8, 2018, for
failure to timely file a verified claim and/or to answer or
otherwise defend as required by the Supplemental Rules. (Doc.
factual allegations set forth in paragraphs 4 through 37, of
the Verified Complaint for Forfeiture In Rem are
verified by Tavia Hulme, Special Agent ...