Opinion
Case No. 3:13CV059
03-01-2013
UNITED STATES OF AMERICA, Plaintiff, v. (1) REAL PROPERTY KNOWN AS 243 HORNWOOD DRIVE, DAYTON, OH 45405, et al. Defendants.
Judge Timothy S. Black
WARRANT OF ARREST IN REM
To the United States Department of Treasury for the Southern District of Ohio, and/or any duly authorized law enforcement officer:
WHEREAS a verified Complaint for Forfeiture in Rem has been filed by the United States alleging that the Defendants are subject to forfeiture to the United States because they represent:
(1) Money or other things of value furnished or intended to be furnished for a controlled substance and/or proceeds traceable to such an exchange and are subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6);the Court having reviewed the Complaint, the Court hereby finds that:
(2) Real property, including any right title and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which was used or intended to be used, in any manner or party, to commit, or to facilitate the commission of a violation of 21 U.S.C. §§ 841, 846 and 848 and are subject to forfeiture pursuant to 21 U.S.C. § 881(a)(7);
(3) Property, real or personal, involved in a transaction or attempted transaction in violation of 18 U.S.C. § 1956 or 18 U.S.C. § 1957, or property traceable to such a violation and are subject to forfeiture pursuant to 18 U.S.C. §981(a)(l)(A); and/or
(4) Property, real or personal, which constitute or are derived from proceeds traceable to an offense constituting "specified unlawful activity" (as defined by 18 U.S.C. § 1956(c)(7)), which specified unlawful activity includes violations of 21 U.S.C. § 841(a)(1) (Possession with Intent to Distribute a Controlled Substance); 21 U.S.C. § 846 (Conspiracy to Possess with Intent to Distribute a Controlled Substance); 18 U.S.C. § 1956 and 18 U.S.C. § 1957 (Monetary Laundering); 18 U.S.C. § 1956(h) (Conspiracy to Commit Money Laundering); and/or 18 U.S.C. § 2314 and 2315 (Interstate Transportation of Stolen Property) and are subject to forfeiture pursuant to 18 U.S.C. §981(a)(1)(C); and
a. There is probable cause to believe that the Defendants are subject to forfeiture under 21 U.S.C. §§ 881(a)(6);
b. There is probable cause to believe that the Defendant Real Property is subject to forfeiture under 21 U.S.C. §§ 881(a)(7);
c. There is probable cause to believe that the Defendant Vehicle and Defendant Real Property are subject to forfeiture under 18 U.S.C. § 981(a)(1)(A); and
d. There is probable cause to believe that the Defendants are subject to forfeiture under 18 U.S.C §981(a)(1)(C);
THEREFORE YOU ARE COMMANDED to:
1. Arrest and seize the following:
(a) 2008 Mercedes Benz R350, VIN:4JGCB65E88A063234; andand retain the Defendants in your custody or make arrangements for a substitute custodian for the Defendants, and use discretion and whatever means appropriate to protect and maintain the Defendants until further order of this Court;
(b) $2,811.00 U.S. Currency;
2. Provide notice of this action and the arrest of the Defendants and of the right to contest the forfeiture of the Defendants in accordance with Rule G(4) of the Supplemental Rules for Certain Admiralty and Maritime Claims and Asset Forfeiture Actions. Such notice shall specify the time within which a claim, and an answer or motion under Rule 12 of the Federal Rules of Civil Procedure; and
3. Make prompt return to the Court of this Warrant after it is executed.
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Judge Timothy S. Black
United States District Judge