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. $53

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

November 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
$53, 743.00 in U.S. Currency, Defendant.

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

          Brian Morris United States District Court Judge

         This matter is brought before this Court by Plaintiff, United States, by and through its attorney, Victoria L. Francis, Assistant U.S. Attorney for the District of Montana. The United States has filed a Motion for Entry of Judgment and Order of Forfeiture pursuant to Fed.R.Civ.P. 55(b)(2). Upon considering the pleadings filed herein, the Court makes the following Findings of Fact and Conclusions of Law.

         FINDINGS OF FACT

         1. On May 15, 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 $53, 743.00, 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 June 1, 2017, the U.S. Marshal Service executed the Warrant of Arrest in Rem (Doc. 4) that was issued by this Court on May 24, 2017, and arrested the defendant currency. (Doc. 5).

         3. On May 24, 2017, 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 Vanessa Camper and Torrell Camper, via first class U.S. mail and Certified mail, to the addresses provided in the administrative claim and by law enforcement. (See Doc. 8, ex.s 1-2).

         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 May 16, 2017, and ending on June 14, 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 (May 16, 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, Att. 1).

         5. Upon considering the United States' Motion for Entry of Default of Unknown Potential Claimants, (Doc. 35) and Declaration filed in support of the motion (Doc. 35), the Clerk of District Court entered the default of unknown potential claimants, on August 19, 2019, for failure to timely file a verified claim and/or to answer or otherwise defend as required by the Supplemental Rules. (Doc. 37).

         6. Upon considering the United States' Motion for Entry of Default of Known Potential Claimants, Torrell and Vanessa Camper, (Doc. 7) and Declaration filed in support of the motion (Doc. 8), the Clerk of District Court entered the default of Torrell and Vanessa Camper, on July 25, 2017, for failure to timely file a verified claim and/or to answer or otherwise defend as required by the Supplemental Rules. (Doc. 10).

         7. On July 27, 2017, Vanessa Camper, through her attorney, filed a Verified Statement of Claim, (Doc. 11) and on August 2, 2017, Claimant's attorney filed a motion to set aside the Entry of Default as to Vanessa Camper (Doc. 12), which the United States did not oppose, and the Court issued an Order setting aside the default of Vanessa Camper on August 15, 2017. (Doc. 15).

         8. On August 17, 2017, Claimant Vanessa Camper's attorney filed a Motion to Dismiss. (Doc. 17). After a Hearing on November 13, 2017, the Court issued a Memorandum and Order denying the Claimant Vanessa Camper's Motion to Dismiss. (Doc. 24).

         9. The Court record reflects that Vanessa Camper did not file an Answer to the Complaint as required by Supplemental Rule ...


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.