United States v. One Parcel of Real Property Located at Route 2

46 F. Supp. 2d 572, 1998 U.S. Dist. LEXIS 21928, 1998 WL 1045823
CourtDistrict Court, S.D. Mississippi
DecidedMarch 4, 1998
Docket5:97-cv-00096
StatusPublished
Cited by4 cases

This text of 46 F. Supp. 2d 572 (United States v. One Parcel of Real Property Located at Route 2) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. One Parcel of Real Property Located at Route 2, 46 F. Supp. 2d 572, 1998 U.S. Dist. LEXIS 21928, 1998 WL 1045823 (S.D. Miss. 1998).

Opinion

ORDER GRANTING FORFEITURE

WINGATE, District Judge.

Before this court are the motions of the United States of America to strike the claims of all parties declaring ownership interests in the defendant property and for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. 1 The plaintiff in this action is the United States of America (hereinafter the “Government”). In the above-styled and numbered cause, a forfeiture proceeding against real property and a residence utilized by Braxton Townsend and his wife, Lora Townsend, the Government contends by legal fiction that the targeted property itself is guilty of facilitating crime. See United States v. $38,570.00 United States Currency, 950 F.2d 1108 (5th Cir.1992), citing United States v. $88,000.00 in U.S. Currency, 816 F.2d 1538, 1543 n. 12 (11th Cir.1987). On or about March 2, 1997, the *575 Government indicted Braxton Townsend on charges of: possession with intent to distribute cocaine base (crack); possession of -a firearm in connection with a drug trafficking crime; money laundering; and failure to file -the federal currency transaction reports required for currency transactions in excess of $10,000.00. On April 25, 1997, a duly constituted jury of his peers found Braxton Townsend guilty of all charges. Meanwhile, the Government was pursuing this forfeiture proceeding. This court’s jurisdiction over this matter is predicated upon Title 28 U.S.C. §§ 1345 and 1355. 2

I. JUDICIAL FORFEITURE PROCEEDINGS

Procedure pertaining to forfeiture actions is governed by the Supplemental Rules for Certain Maritime and Admiralty Claims, Title 28 U.S.C.-Supplemental Rule C 3 (hereinafter “Rule C” or “Rule C(6)”). The United States commences a judicial forfeiture by filing a verified complaint in the federal district court of the district where seizure occurred pursuant to Supplemental Rule C(2). The Clerk of the Court issues a summons and warrant for the arrest of the res pursuant to Supplemental Rule C(3) and delivers it to the marshal for service. United States v. $38,-570.00 United States Currency, 950 F.2d at 1113, citing United States v. U.S. Currency Totalling $3,81749, 826 F.2d 785, 786-87 (8th Cir.1987); and United States v. One Assortment of Eighty-Nine Firearms, 846 F.2d 24, 27 (6th Cir.1988). Service must be made upon the res itself. Id. *576 at 1113, citing $38,000, 816 F.2d at 1545 n. 15; and $3,817.49, 826 F.2d at 787. However, where a potential claimant receives actual notice of the warrant, the potential claimant need not know the actual date of execution on the res before being required to respond with a verified claim, that is, a claim attested by oath or solemn affirmation. Actual notice of the warrant informs the potential claimant that execution of process on the property in question either has recently occurred or is imminent. Id. at 1114.

Supplemental Rule C(6) provides that anyone claiming ownership or other interest in the property that is the subject of the action must file a verified claim within ten (10) days after process has been executed or within such time as the court allows, and must file an answer to the complaint within twenty (20) days after the filing of the claim. Additionally, if the res is not released within ten days after execution of process, the Government must give public notice of the action in a newspaper of general circulation designated by the court in accordance with Supplemental Rule C(4), thereby giving notice to all parties having any interest to file a claim and an answer. Such notice also must specify the time within which the answer is to be filed as provided by Supplemental Rule C(6). The notice need not refer to the filing of the claim. United States v. $38,570.00 United States Currency, 950 F.2d at 1114.

II. BACKGROUND

The Government’s complaint was filed on February 13, 1997. The targets of the complaint are three acres of real estate and improvements purchased in the name of Willie Pearl Duplasser on April 18,1993, from R.T. Trippe, Joyce Trippe and Arthur Lee Kincaid as recorded in Deed Book # 159 of the Land Records reposed in the Chancery Court of Leake County, Mississippi, at pages 408 and 409. The Government alleges that this property is forfeitable under Title 18 U.S.C. § 981(a)(1)(A), 4 which provides for the forfeiture of “any property, real or personal, involved in a transaction or attempted transaction in violation of Section 5313(a) or 5324 of Title 31, 5 or of Section 1956 or 1957 of Title 18 6 or any property traceable *577 to such property.” See United States v. 1988 Oldsmobile Cutlass Supreme 2 Door, et al., 983 F.2d 670, 673 (5th Cir.1993).

On February 19, 1997, the Government served Willie Pearl Duplasser, title owner of the property in question, a copy of the notice of forfeiture and the verified complaint. Duplasser responded with an unverified claim on March 3, 1997, followed by an answer to the verified complaint on March 24, 1997. Duplasser never sought to amend her claim or to provide verification.

The Government served Braxton and Lora Townsend with notice of the warrant on February 21, 1997, and thereafter posted the real property in question with the arrest warrant on February 27, 1997. Braxton and Lora Townsend filed a motion to dismiss and for additional time to plead on March 3, 1997, followed by a verified claim of equitable interest un March 13, 1997. This motion also asked this court to suspend the Rule C(6) requirement for an answer to the Government’s verified complaint within 20 days pending final resolution of the criminal case against Braxton Townsend.

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Bluebook (online)
46 F. Supp. 2d 572, 1998 U.S. Dist. LEXIS 21928, 1998 WL 1045823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-parcel-of-real-property-located-at-route-2-mssd-1998.