original cvg civil forfeiture complaint

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY

NORTHERN DIVISION COVINGTON

CIVIL ACTION NO. 14-_______________ ELECTRONICALLY FILED UNITED STATES OF AMERICA PLAINTIFF VS. VERIFIED COMPLAINT FOR FORFEITURE IN REM $11,000.00 IN UNITED STATES CURRENCY DEFENDANT

* * * * *

Now comes the plaintiff, United States of America, by and through counsel, David

Y. Olinger, Jr., Assistant United States Attorney for the Eastern District of Kentucky, and

brings this complaint and alleges as follows in accordance with Supplemental Rule G(2)

of the Federal Rules of Civil Procedure:

NATURE OF THE ACTION

1. This is a civil action in rem brought to enforce the provisions of 21 U.S.C.

881(a)(6) for the forfeiture of property which represents proceeds and facilitation of

violations of 21 U.S.C. 841(a)(1).

THE DEFENDANT IN REM

2. The Defendant currency was seized from Charles L. Clarke II during an

interdiction at the Cincinnati/Northern Kentucky International Airport, Hebron,

Kentucky. The property is in the custody of the United States Marshals Service in

Eastern District of Kentucky.

Case: 2:14-cv-00125-WOB-JGW Doc #: 1 Filed: 07/02/14 Page: 1 of 3 - Page ID#: 1

2

JURISDICTION AND VENUE

3. This Court has jurisdiction over this matter by virtue of 28 U.S.C. 1345

and 1355.

4. This Court has in rem jurisdiction over the defendant property under 28

U.S.C. 1355. Upon the filing of the Complaint, the Plaintiff requests that the Clerk of

the Court issue an arrest warrant in rem pursuant to Supplemental Rule G(3)(b)(i), which

the Plaintiff will execute upon the property pursuant to 28 U.S.C. 1355(d) and

Supplemental Rule G(3)(c).

5. Venue is proper in this district pursuant to 28 U.S.C. 1395(a) and (c)

because the property was seized in this district.

BASIS FOR FORFEITURE

6. The Defendant currency was furnished or intended to be furnished in

exchange for controlled substances, was proceeds traceable to such an exchange, or was

intended to be used to facilitate the illegal sale of narcotics and is, therefore, subject to

forfeiture to the United States of America pursuant to 21 U.S.C. 881(a)(6).

7. The facts and circumstances supporting the seizure and forfeiture of the

Defendant property are set forth in the affidavit of Task Force Officer William T. Conrad

which is attached hereto and incorporated herein by reference.

WHEREFORE, the United States of America prays that a Warrant of Arrest In

Rem be issued; that due notice be given to all parties to appear and show cause why the


3

forfeiture should not be decreed; that judgment be entered declaring the defendant

currency be condemned and forfeited to the United States of America for disposition

according to law; and that the United States of America be granted such other relief as

this Court may deem just and proper, together with the costs and disbursements of this

action.

KERRY B. HARVEY UNITED STATES ATTORNEY By: s/ David Y. Olinger, Jr. Assistant United States Attorney 260 West Vine Street, Suite 300 Lexington KY 40507 (859) 685-4896 fax: (859) 233-2658 e-mail: [email protected]


Case: 2:14-cv-00125-WOB-JGW Doc #: 1-1 Filed: 07/02/14 Page: 1 of 1 - Page ID#: 4

JS 44 (Rev. 3/99) CIVIL COVER SHEETThe JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papersasrequired by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974,isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OFTHEFORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THELAND INVOLVED.

Attorneys (If Known)(c) Attorney's (Name, Address, and Telephone Number)

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box forand One Box for Defendant)(For Diversity Cases Only)

DEF PTF DEF1 U.S. Government

Plaintiff3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4

(U.S. Government Not a Party) of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal 5 5Defendant (Indicate Citizenship of Parties

in Item III)of Business In Another State

Citizen or Subject of aForeign Country

3 3 Foreign Nation 6 6

IV. NATURE OF SUIT (Place an "X" in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance120 Marine130 Miller Act140 Negotiable Instrument150 Recovery of Overpayment

PERSONAL INJURY PERSONAL INJURY 610 Agriculture620 Other Food & Drug625 Drug Related Seizure

422 Appeal 28 USC 158 400 State Reapportionment410 Antitrust430 Banks and Banking450 Commerce/ICC Rates/etc.

310 Airplane315 Airplane Product

362 Personal Injury-423 Withdrawal

28 USC 157Liability 365 Personal Injury-- of Property 21 USC 881320 Assault, Libel & Product Liability 630 Liquor Laws 460 Deportation

470 Racketeer Influenced and& Enforcement of PROPERTY RIGHTSSlander 368 Asbestos PersonalInjury Product

640 R.R. & Truck

650 Airline Regs.Judgment151 Medicare Act152 Recovery of Defaulted

330 Federal Employers' Corrupt Organizations820 Copyrights830 Patent840 Trademark

Liability Liability 660 Occupational 810 Selective Service850 Securities/Commodities/Student Loans 340 Marine

345 Marine ProductPERSONAL PROPERTY Safety/Health

(Excl. Veterans) 370 Other Fraud371 Truth in Lending

690 Other Exchange153 Recovery of Overpayment Liability 875 Customer Challenge

LABOR SOCIAL SECURITYof Veteran's Benefits 350 Motor Vehicle355 Motor Vehicle

380 Other PersonalProperty Damage

12 USC 3410891 Agricultural Acts160 Stockholders' Suits

190 Other Contract195 Contract Product Liability

710 Fair Labor Standards 861 HIA (1395ff)862 Black Lung (923)863 DIWC/DIWW (405(g))864 SSID Title XVI865 RSI (405(g))

Product Liability360 Other Personal Injury

385 Property Damage 892 Economic Stabilization Act893 Environmental Matters894 Energy Allocation Act895 Freedom of

ActProduct Liability 720 Labor/Mgmt. Relations

REAL PROPERTY CIVIL RIGHTS PRISONERPETITIONS730 Labor/Mgmt.Reporting Information Act

210 Land Condemnation

220 Foreclosure

441 Voting

442 Employment510 Motions to Vacate & Disclosure Act 900Appeal of FeeFEDERAL TAX SUITS DeterminationSentence

740 Railway Labor Act Under Equal Access toJustice230 Rent Lease & Ejectment

240 Torts to Land245 Tort Product Liability290 All Other Real Property

443 Housing/ Habeas Corpus:870 Taxes (U.S. PlaintiffAccommodations 530 General

535 Death Penalty540 Mandamus & Other550 Civil Rights555 Prison Condition

790 Other Labor Litigation or Defendant) 950 Constitutionality ofState Statutes444 Welfare

440 Other CivilRights

791 Empl. Ret. Inc. 871 IRS--Third Party26 USC 7609

890 Other Statutory ActionsSecurity Act

(PLACE AN "X" IN ONE BOX ONLY)Appeal to DistrictJudge fromMagistrateJudgment

V. ORIGINTransferred fromanother district(specify)

1 2 3 5 6 7OriginalProceeding

Removed fromState Court

RemandedfromAppellate Court Reinstated or

MultidistrictLitigation

4Reopened

(Cite the U.S. Civil Statute under which you are filing and write brief statement of cause.VI. CAUSE OF ACTION Do not cite jurisdictional statutes unless diversity.)

CHECK YES only if demanded in complaint:VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMANDUNDER F.R.C.P. 23 Yes NoJURY DEMAND:COMPLAINT:

(Seeinstructions):VIII. RELATED CASE(S)

DOCKETNUMBERIF ANY JUDGE

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Med. Malpractice


JS 44 Reverse (Rev. 12/96)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44Authority For Civil Cover Sheet

The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papersasrequired by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974,isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to theClerkof Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency,use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and thenthe official, giving both name and title.

? (b.) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiffresidesat the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE:In landcondemnation cases, the county of residence of the ??defendant?? is the location of the tract of land involved.)? (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,noting in this section ??(see attachment)??.

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an"X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States, are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendmenttothe Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant codetakesprecedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, thecitizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Markthis section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV below,is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than onenature of suit, select the most definitive.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. Whenthe petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within district transfers ormultidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Whenthis box is checked, do not check (5) above.Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docketnumbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.


U.S. District Court Eastern District of Kentucky DCN Site Page 1 of 1

U.S. District Court Eastern District of Kentucky

Civil Case Assignment

Case number 2:14-CV-125

Assigned: Senior Judge William 0. Bertelsman Judge Code : 4307

Assigned on 07/02/2014

http:/1156.125.6.194/cgi-bin/CaseAssign/CVCA.pl 7/2/2014


X720: DFS__UserName: cn=thornton!, sue (usakye), ou=users, ou=kye, dc=usa, dc=doj, dc=govDFS__T5: X460: DFS__T3: DFS__T4: DFS__FormRev: 1737b9fz106bb5e73c8zx288a10x200x254x9X861: X320: X862: DFS__T2: {}X863: DFS__T1: X864: X865: X535: DFS__SI: X151: DFS__ReviewOnly: 0X150: X530: X153: X152: DFS__Offline: 0X730: X470: def_atty: X871: X330: X870: DFS__OfflineEnabled: 1X875: judge_name: DFS__Step: X140: X660: DFS__FolderID: JSX385: def_name: Boonedate: 07/02/2014X380: LF__User: cn=thornton!, sue (usakye), ou=users, ou=kye, dc=usa, dc=doj, dc=govX410: X690: def: $11,000.00 in United States CurrencyDFS__ActionList: RoutePrepareCancelNoSaveDFS__ActionName=CancelDFS__ActionDisplay=CancelDFS__ActionValue=CancelX791: X790: DFS__CustResp: X510: X810: X290: jd_no: 1X710: X610: DFS__GoScript: function ServerSubmit( cmd ) { var ret = true; for (var i = 0; i < doc.numFields; i++) { var f = doc.getField( doc.getNthFieldName( i ) ); if (f == null || f.name.indexOf( "@" ) == 0 || f.name.indexOf( "DFS__" ) == 0) { continue; } if (f.type != "text" || f.value == null) continue; var val = f.value.toString(); if (val.indexOf( String.fromCharCode(13) + String.fromCharCode(10) ) == -1) continue; var lastcode = val.charCodeAt( 0 ), newval = val.charAt( 0 ), k = 0; for (k = 1; k < val.length; k++) { var newcode = val.charCodeAt( k ); if (lastcode == 13 && newcode == 10) continue; lastcode = newcode; newval += val.charAt( k ); } f.value = newval; } return ret; }X900: X400: X895: cppd5: X315: cppd6: X893: cppd3: X894: cppd4: X891: X310: cppd1: X892: cppd2: X890: X210: DFS__DownloadURL: /jsp/archiveX.jspX160: DFS__FormID: JS 44docket_no: DFS__Action: RoutePrepareCancelNoSaveDFS__ActionName=CancelDFS__ActionDisplay=CancelDFS__ActionValue=CancelX620: X110: X422: X423: DFS__EventID: bbe90e5c004488b3c0c74078_1X190: X362: X195: cause_action: Forfeiture of currency used to facilitate: drug trafficking 21 USC 881(a)(6)X360: X220: X365: X368: X820: X630: jd_yes: DFS__SubmitURL: /lfserver?DFS__ENC=88591X430: X371: X370: X625: 1X230: DFS__Go: X830: DFS__FinalCopy: 0X130: Entry1: X640: DFS__FormType: pdfX540: X442: X443: X440: X740: X441: origin1: 1DFS__GeneralGUID: 6b5c92c2ae5b8za107a3d1cdf4zx4db110x200x254x9origin2: origin3: X444: origin4: DFS__FormGUID: 5deafcz1069e455930zx7ec210x200x254x9origin5: cppp5: X245: X340: origin7: cppp6: origin6: class_action: DFS__SetFocusTo: X840: pltf: United States of AmericaX345: LF__Offline: 0cppp1: cppp2: X240: LF__FormID: JS 44cppp3: cppp4: X555: DFS__LanguageCode: enX120: X550: plain_name: X450: X650: juris1: 1juris2: juris3: juris4: X350: X950: pla_atty: David Y. Olinger, Jr., Assistant U.S. Attorney260 West Vine Street, Suite 300Lexington KY 40507(859) 685-4896X850: X355:

original cvg civil forfeiture complaint

Documents