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United States v. Two Firearms

United States District Court, D. Montana, Butte Division

October 10, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TWO FIREARMS, Defendant.

          FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE OF FORFEITURE

          Brian Morris United States District Court Judge

         This matter having come before the Court on the United States' Unopposed Motion for Entry of Judgment and Order of Forfeiture, and the Court having reviewed the Motion and the Settlement Agreement filed with the Court, hereby makes the following Findings of Fact, Conclusions of Law, and Decree:

         FINDINGS OF FACT

         1. On July 7, 2017, the United States filed a Verified Complaint for Forfeiture In Rem against the above-captioned defendant property. (Doc. 1).

         2. Pursuant to Supplemental Rule G(4)(b)(v), the United States provided Adirect notice@ of this civil asset forfeiture action to known potential claimants on August 4, 2017, by mailing the Notice of Complaint for Forfeiture (Doc. 2) and Verified Complaint In Rem (Doc. 1) to Douglas Mascari and William Reaves, via first class U.S. mail and certified mail, return receipt requested, to the address provided in their administrative claims. (See Doc. 2).

         3. On September 8, 2017, Douglas Mascari and William Reaves, through their counsel, filed a verified claim (Doc. 7), and on September 28, 2017, an Answer was filed. (See Doc. 8).

         4. Notice of this forfeiture action was also provided to unknown potential claimants by publishing on the government's asset forfeiture website the Notice of Forfeiture Action for 30 consecutive days, beginning on July 25, 2017, and ending on August 23, 2017. 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 (July 25, 2017) 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. 6-1).

         5. Unknown potential claimants failed to file a claim within 60 days from the first day of publication, and an answer or motion within 21 days thereafter as required by Supplemental Rules G(5)(a)(ii)(B) and G(5)(b) and Fed.R.Civ.P. 12. After a motion for entry of default (Doc. 14), supported by Declaration (Doc. 15), the Clerk of Court entered the default of unknown potential claimants on August 21, 2018. (Doc. 16).

         6. Plaintiff and claimants, Douglas Mascari and William Reaves, through their Counsel, Jami Rebsom, entered into a Settlement Agreement filed with the Court on August 10, 2018. (Doc. 13) Pursuant to the Settlement Agreement, the parties agree to the entry of a judgment on the Verified Complaint for Forfeiture In Rem in favor of the United States for the Glock GMBH Pistol, CAL:40 SN:HES727. The parties agree that all right, title and interest in the Glock GMBH Pistol, CAL:40 SN:HES727 shall vest in the United States.

         7. The parties further agree that the United States shall return to Claimant, Douglas Mascari, the COLT King Cobra Revolver CAL:357 SN:3712CK upon execution of the Acknowledgment of Notice. It was also further agreed, by and between the parties, that each party will bear its own costs, fees, expenses and attorney fees. Douglas Mascari did execute the Acknowledgement of Notice. (Doc. 13, Att. 1).

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

         CONCLUSIONS ...


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