United States v. $285,450.00 in United States Currency

CourtDistrict Court, D. Nevada
DecidedOctober 5, 2021
Docket3:20-cv-00703
StatusUnknown

This text of United States v. $285,450.00 in United States Currency (United States v. $285,450.00 in United States Currency) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $285,450.00 in United States Currency, (D. Nev. 2021).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 UNITED STATES OF AMERICA, 3:20-CV-703-MMD-CLB 8 Plaintiff, Default Judgment of Forfeiture and Final Judgment of Forfeiture 9 v. 10 $285,450.00 IN UNITED STATES CURRENCY, 11 Defendant. 12 13 I. FACTS 14 On June 23, 2020, at approximately 7:00 A.M., a detective employed by the Reno 15 Police Department was monitoring parcels being processed by a FedEx facility in Reno, 16 Nevada. The detective was investigating parcels for indicators that their contents were 17 related to criminal activity. The detective was acting with permission from FedEx. 18 The detective identified a heavily taped FedEx-brand parcel. 19 The parcel’s label revealed the following: 20 a. The sender was listed as J. Eckert; 21 b. J. Eckert had a Frederick, Maryland address; 22 c. J. Eckert had a Georgia phone number; 23 d. The parcel’s origin was Frederick, Maryland; 24 e. The recipient was listed as Patton; 25 f. Patton had a Reno, Nevada address; 26 g. Patton had a New York phone number; 27 h. The parcel had been shipped on June 22, 2020 and was scheduled for 28 standard overnight delivery by 8:00 P.M. on June 23, 2020; 1 i. The parcel’s dimensions were twenty-three by seventeen by twelve inches; 2 and 3 j. The parcel weighed sixty-five pounds. 4 The detective called the sender’s number. A male answered. When the detective 5 asked for J. Eckert, the call was disconnected. The detective tried calling back numerous 6 times, but there was no further answer. 7 A backup officer deployed his certified, reliable canine—trained to detect the odor 8 of illegal drugs. The canine did not alert to the parcel. 9 The detective called the recipient’s number. Patton answered and identified himself. 10 Patton confirmed that he was expecting the parcel. When the detective advised Patton that 11 he (the detective) was investigating parcels for illegal drugs and drugs-related money, 12 Patton volunteered that the parcel contained currency. 13 The detective asked Patton for his consent to open the package. Patton granted 14 consent. 15 Inside the parcel, investigators discovered an Eylar-brand hard-sided black plastic 16 suitcase. The suitcase was secured by two combination locks. 17 The detective asked Patton for consent to open the suitcase, and Patton initially 18 stated that he did not know the combinations to the locks. When the detective followed up 19 and asked Patton for permission to otherwise remove the locks, Patton declined. 20 When asked whether he knew what the currency was to be used for, Patton 21 responded that he did not know. When asked whether he knew how much currency was 22 inside the suitcase, Patton responded that he did not. Patton then stated that the parcel was 23 not ultimately intended for him; he explained that he would be delivering it to a third party. 24 The phone call ended. 25 In the illegal-drugs trade, it is common for currency couriers to be unaware of the 26 amount of currency entrusted to their possession. 27 Investigators, joined by a DEA agent, visited the recipient’s address, in Reno, 28 Nevada. There, investigators made contact with Talon Jesson. Jesson stated that Patton 1 resided at the address but was currently in Las Vegas, Nevada. Investigators then left the 2 address. 3 The detective again contacted Patton and asked him whether he would meet to 4 discuss the package. Patton declined to do so. Patton then communicated that, contrary to 5 his earlier statement that he was planning to deliver the parcel to a third party, a third party 6 was instead going to pick it up from him. Patton asserted that he believed that the 7 currency’s ultimate destination was a CBD and hemp farm in southern Oregon. When 8 asked for further details, Patton provided none. The phone call ended. 9 Later that day, investigators learned that the recipient’s address was a residence of 10 interest in an ongoing DEA investigation. 11 Further, investigators learned that both the sender’s and recipient’s phone numbers 12 were involved in prior DEA investigations. 13 On June 24, 2020, the detective obtained and, with the assistance of other 14 investigators, executed a search warrant for the suitcase that had been found in the parcel. 15 Inside the suitcase, investigators discovered three large Mylar bags. Each Mylar bag, 16 in turn, contained numerous packages wrapped in aluminum foil. After peeling away the 17 aluminum foil, investigators found stacks of rubber-banded currency contained in vacuum- 18 sealed food-preservation bags. 19 The packaging and organization of the currency was consistent with the manner in 20 which currency involved in the illegal-drugs trade is often packaged and organized to 21 attempt to avoid olfactory and scanning detection. 22 The canine officer from the previous day again deployed his certified, reliable 23 canine trained to detect the odor of illegal drugs. The canine alerted to the odor of illegal 24 drugs c—oming from the vacuum-sealed bags of currency. 25 The DEA took custody of the currency. 26 A later official bank count determined that the currency totaled $285,450. The 27 currency was composed of the following denominations: 28 a. $5 in $1 bills (5 bills); 1 b. $565 in $5 bills (113 bills); 2 c. $2,380 in $10 bills (238 bills); 3 d. $282,000 in $20 bills (14,100 bills); and 4 e. $500 in $50 bills (10 bills). 5 Currency involved in the illegal-drugs trade is often composed heavily of small 6 denominations. 7 During the investigation, the DEA learned of a recent matter in the Medford, 8 Oregon area involving Patton. The details of that investigation were as follows: 9 a. On January 29, 2020, Old Dominion Freight Lines delivered two new empty 10 shipping containers to Patton at a Cave Junction, Oregon address. 11 b. Cave Junction is located in southwestern Oregon. 12 c. When delivering the empty shipping containers, the Old Dominion 13 employee found Patton waiting with a truck and noted that the only 14 residence on the property was an uninhabitable mobile home. 15 d. On January 30, 2020, Patton dropped off the two shipping containers, now 16 filled, to Old Dominion’s terminal. 17 e. Patton arranged for the containers to be sent from Oregon to Tampa, 18 Florida, paid the quoted shipping price of $744.36, and advised Old 19 Dominion that the containers were filled with machine parts. 20 f. Patton further advised Old Dominion that he wished to set up an account, as 21 he would be sending shipments to Florida at least twice per month. 22 g. After Patton left the terminal, Old Dominion employees smelled the odor of 23 marijuana emanating from Patton’s shipment and, because of that, contacted 24 the police. 25 h. When the police arrived, they deployed a drugs-detection canine in the 26 terminal, and the canine led them to, and alerted to the presence of illegal- 27 drugs emanating from, Patton’s crates. 28 / / / 1 i. On the shipping manifest for Patton’s crates, Patton had listed a New York 2 telephone number. 3 j. That telephone number was the same telephone number that would later be 4 listed for Patton on the FedEx parcel in Nevada. 5 k. Police obtained and executed a search warrant on Patton’s crates. 6 l. The crates were lined with Visqueen plastic sheets. 7 m. In the crates, police discovered approximately 200 pounds of marijuana 8 packaged in one-pound heat-sealed bags, which in turn were grouped into 9 tied-off black trash bags containing twenty marijuana bags apiece. 10 The $285,450 in United States currency is the entirety of the defendant currency. 11 II. PROCEDURE 12 On February 19, 2021, the United States filed a verified Complaint for Forfeiture in 13 Rem, ECF No. 3, alleging the $285,450 (defendant property): 14 a. is all moneys, negotiable instruments, securities, or other things of value 15 furnished or intended to be furnished in exchange for a controlled substance 16 or listed chemical in violation of Subchapter I of the Controlled Substances 17 Act, 21 U.S.C.

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United States v. $285,450.00 in United States Currency, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-28545000-in-united-states-currency-nvd-2021.