United States v. $75,000 In U.S. Currency

97 F. Supp. 3d 1, 2015 U.S. Dist. LEXIS 46077, 2015 WL 1534040
CourtDistrict Court, D. Puerto Rico
DecidedApril 7, 2015
DocketCivil No. 3:14-cv-01822 (JAF)
StatusPublished
Cited by1 cases

This text of 97 F. Supp. 3d 1 (United States v. $75,000 In U.S. Currency) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $75,000 In U.S. Currency, 97 F. Supp. 3d 1, 2015 U.S. Dist. LEXIS 46077, 2015 WL 1534040 (prd 2015).

Opinion

[2]*2 ORDER

JOSE ANTONIO FUSTE, District Judge.

I.

Introduction

This matter is before the court on the Government’s amended motion to strike Robinson Bastardo’s verified statement of claim. (Docket No. 20.) Claimant Bastar-do responded in opposition. (Docket No. 28.) Upon review of the briefs and case law, the court finds the Government’s motion well-taken. Claimant Robinson Bas-tardo’s claim is hereby STRICKEN.

II.

Facts and Procedural History

On August 5, 2014, U.S. Customs and Border Protection Officers inspected passengers arriving at the Luis Muñoz Marín International Airport in Carolina, Puerto Rico, from Santo Domingo, Dominican Republic. Passenger Manuela Aurora Bas-tardo-Guzmán (“Ms. Bastardo”) declared that she had arrived in Puerto Rico from the Dominican Republic for the purpose of redeeming Puerto Rican lottery tickets she carried on behalf of her brother Robinson Bastardo-Guzmán (“Claimant Bastardo”). Upon interviewing Ms. Bastardo, HSI San Juan Special Agents seized from her twenty-five Puerto Rico traditional lottery tickets pursuant to Title 19, United States Code, Section 1305.

On November 13, 2014, Plaintiff-United States of America (the “Government”) filed a verified complaint for forfeiture in rem against the Defendant, $75,000 in United States currency representing 25 Puerto Rican lottery tickets. The Government sent service of process to potential claimants Manuela Bastardo and Robinson Bas-tardo on November 19, 2014, and executed service on December 4, 2014, and December 15, 2014, respectively. The Government published notice of the seizure of the lottery tickets for thirty consecutive days, from November 19, 2014, through December 18, 2014, allowing any person having a claim in the Defendant currency to state the same before the court.

On January 22, 2015, Claimant Bastardo filed a Verified Statement of Claim signed by his sister, Manuela Aurora Bastardo-Guzmán (Docket No. 14). The Government moved to strike Claimant Bastardo’s claim for lack of standing and ownership pursuant to Rule G(8)(c)(i)(A) and G(8)(c)(i)(B) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. (Docket Nos. 16 and 20.) The Government also moved for a default decree of forfeiture. (Docket No. 19.)

Claimant Bastardo first attempted to answer the Verified Complaint on February 22, 2015. (Docket No. 21.) This initial attempt does not include Bastardo’s signature and is signed only by his attorney, along with a verified statement from Ms. Bastardo. (Docket No. 21.) During a Pretrial Conference held on February 23, 2015, the court advised that since Claimant Bastardo had signed neither the initial answer nor the verified claim, both were invalid. The court then granted Claimant Bastardo until March 10, 2015, to respond to the Government’s motion to strike. (Docket No. 23.)

On March 10, 2015, Bastardo moved to file an amended verified claim that included his signature (Docket No. 25), and requested a three-day extension to respond in opposition to the Government’s motion to strike (Docket No. 26). Despite the court’s extension through March 13, 2015 (Docket No. 27), .Claimant Bastardo responded in opposition on March 14, 2015, a day late. (Docket No. 28.)

Accordingly, the matter is fully briefed and ripe for review.

[3]*3m.

Law and Analysis

The Government moves pursuant to Rule G(8)(c)(i)(B) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions to strike Claimant Bastardo’s verified statement of claim. (Docket No. 20.) Rule G(8)(c)(i)(B) allows the government to move to strike a claim for lack of standing. In response to a motion to strike a claim, the burden is on the claimant to establish standing by a preponderance of the evidence. Rule G(8)(c)(ii)(B); United States v. $8,440,190.00 in U.S. Currency, 719 F.3d 49, 57 (1st Cir.2013). “To demonstrate standing, the claimant must start by demonstrating an ownership or possessory interest in the seized property.” U.S. v. $8,440,190.00 in U.S. Currency, 719 F.3d at 57 (citation omitted). “Courts generally do not deny standing to a claimant who is either the colorable owner of the property or who has any colorable possessory interest in it.” Id. (citation omitted).

Claimant Bastardo cannot demonstrate an ownership interest in the seized property. The Government seized the lottery tickets pursuant to 19 U.S.C. § 1305(a), which provides that:

All persons are prohibited from importing into the United States from any foreign country ... any lottery ticket, or any printed paper that may be used as a lottery ticket, or any advertisement of any lottery. No such articles whether imported separately or contained in packages with other goods entitled to entry, shall be admitted to entry; and all such articles and, unless it appears to the satisfaction of the appropriate customs officer that the obscene or other prohibited articles contained in the package were enclosed therein without the knowledge or consent of the importer, owner, agent, or consignee, the entire contents of the package in which such articles are contained, shall be subject to seizure and forfeiture as hereinafter provided[.]

The Government argues that the defendant lottery tickets were not allowed to be brought into the United States from the Dominican Republic — or any foreign country, that Ms. Bastardo’s attempt to bring the lottery tickets into Puerto Rico violated federal law, and that the lottery tickets are contraband and, therefore, subject to forfeiture.

Ms. Bastardo arrived in Puerto Rico off a plane from the Dominican Republic, a foreign country,1 for the purpose of obtaining payment on the lottery tickets. Ms. Bastardo admitted this to the agents who questioned her and has never contradicted her statement. Claimant Bastardo does not dispute these facts.

Because the lottery tickets could not legally enter the United States, “a cognizable property interest never materialized.” See United States v. Two Mitsubishi Pick-up Trucks, 396 F.Supp.2d 117, 121 (D.Puerto Rico 2005) (citing 18 U.S.C. § 983(d)(4) (“[N]o person may assert an ownership interest under this subsection in •contraband or other property that it is illegal to possess.”)), and United States v. Approximately 600 Sacks of Green Coffee Beans, 381 F.Supp.2d 57, 62 (D.P.R.2005) (Coffee beans illegally imported into Puer-to Rico were contraband and subject to forfeiture.).

Claimant Bastardo’s remaining argument2 is that Ms..Bastardo was not [4]*4“importing” the lottery tickets, and, therefore, the statute does not apply. “The starting point in statutory interpretation is the language of the statute itself.” United States v. Ramirez-Ferrer, 1995 WL 237041, *15 (1st Cir.1995) (internal quotation marks omitted) (citing United States v. James, 478 U.S. 597, 604, 106 S.Ct. 3116, 92 L.Ed.2d 483 (1986)). Here, 19 U.S.C.

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97 F. Supp. 3d 1, 2015 U.S. Dist. LEXIS 46077, 2015 WL 1534040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-75000-in-us-currency-prd-2015.