Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. $22

United States District Court, D. Montana, Great Falls Division

June 4, 2018


v.
$22, 500.00 in U.S. Currency, Defendant.

          FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT, AND ORDER OF FORFEITURE

          Brian Morris United States District Court Judge

         Plaintiff 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). (Doc. 10.) The Court makes the following Findings of Fact and Conclusions of Law.

         FINDINGS OF FACT

         1. On February 16, 2018, 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 $22, 500.00, 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, and 881(a)(6). (Doc. 1.)

         2. On March 2, 2018, the U.S. Marshal Service executed the Warrant of Arrest in Rem (Doc. 4.) that was issued by this Court on March 2, 2018, and arrested the defendant currency. (Doc. 5.)

         3. On February 22, 2018, the United States provided “actual notice” of this civil asset forfeiture action, by mailing the Notice of Complaint for Forfeiture (Doc. 2) and Verified Complaint In Rem (Doc. 1) to Devon Draper and his attorney, Jacek W. Lentz, via first class U.S. mail and Certified mail, to the address provided in Mr. Draper's administrative claim. (See Doc. 8, ex. 1-4.)

         4. 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 February 21, 2018, and ending on March 22, 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 (February 21, 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. 6, Att. 1.)

         5. Upon considering the United States' Motion for Entry of Default of Known Potential Claimant, Devon Draper, and Unknown Potential Claimants (Doc. 7) and Declaration filed in support of the motion (Doc. 8), the Clerk of District Court entered the default of Devon Draper, and any unknown potential claimants, on May 2, 2018, for failure to timely file a verified claim and/or to answer or otherwise defend as required by the Supplemental Rules. (Doc. 9.)

         6. The factual allegations set forth in paragraphs 4 through 36, of the Verified Complaint for Forfeiture In Rem are verified by Kevin Evans, Special Agent for the Drug Enforcement Administration. (Doc. 1.)

         Based upon the foregoing findings of fact, the Court makes the following conclusions of law.

         CONCLUSIONS OF LAW

         7. The Court has jurisdiction of this action pursuant to 28 U.S.C. §§ 1345 and 1355. The United States has filed a Verified Complaint for Forfeiture in Rem to forfeit the Defendant currency under 21 U.S.C. ยงยง 841 and 881(a)(6), as currency constituting monies or other things of value furnished or intended to be furnished in exchange for a controlled substance, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.