United States v. 16650 Jasmine Street, Brighton, Colorado
1:14-cv-02630
D. Colo.Mar 23, 2015Background
- The United States brought an in rem forfeiture action (21 U.S.C. § 881) against various items seized on September 23, 2014, including "242 Assorted Marijuana Grow Equipment" and "283 Assorted Marijuana Grow Equipment."
- The United States moved for default and final forfeiture as to Defendants 242 and 283. The motion was referred to Magistrate Judge Nina Y. Wang.
- Notice to known interested parties and publication were completed under Supplemental Rule G(4); no claim or answer was filed as required by Rule G(5).
- The Clerk entered default as to Defendants 242 and 283 on February 17, 2015.
- The magistrate judge concluded the Verified Complaint established probable cause by a preponderance of the evidence for seizure and recommended granting the motion, entering default judgment and a final order of forfeiture in favor of the United States.
- The recommendation also states the default judgment would serve as a Certificate of Reasonable Cause under 28 U.S.C. § 2465.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice and publication satisfied Supplemental Rule G(4) | Publication and notice were properly effected to alert claimants | No claim or argument made by any claimant | Magistrate found notice/publication satisfied Rule G(4) |
| Whether claimants timely filed a claim/answer under Rule G(5) | Claimants failed to file claims or answers after proper notice | No responsive filings were made | Clerk entered default; magistrate recommended forfeiture for lack of claim |
| Whether the Verified Complaint establishes probable cause for forfeiture | Verified Complaint and supporting facts provide reasonable ground for belief of forfeiture | No rebuttal submitted to challenge probable cause | Probable cause shown (preponderance); supports forfeiture judgment |
| Whether default judgment and forfeiture should be entered | Forfeiture requested for Defendants 242 and 283; default supports relief | No opposition raised | Recommendation to grant default judgment and final order of forfeiture; judgment to serve as Certificate of Reasonable Cause |
Key Cases Cited
- United States v. One Hundred Forty-Nine Thousand Four Hundred Forty-Two Dollars and 43/100 Dollars, 965 F.2d 868 (10th Cir. 1992) (describes in rem forfeiture framework and probable-cause standard for forfeiture actions)
- In re Griego, 64 F.3d 580 (10th Cir. 1995) (procedural standards for magistrate judge recommendations)
- United States v. One Parcel of Real Property Known As 2121 East 30th Street, Tulsa, Oklahoma, 73 F.3d 1057 (10th Cir. 1996) (objections to magistrate recommendations must be timely and specific to preserve de novo review)