ORDER REGARDING CLERK'S ISSUANCE OF WARRANT FOR ARREST OF ARTICLES IN REM
DALE A. DROZD, Magistrate Judge.
WHEREAS, a Verified Complaint for Forfeiture In Rem has been filed on April 30, 2014, in the United States District Court for the Eastern District of California, alleging that the defendant Miscellaneous Art, Jewelry, and Currency listed in Exhibit A attached hereto and incorporated herein (collectively, "defendant assets") are subject to forfeiture to the United States pursuant to 18 U.S.C. § 981(a)(1)(C) for one or more violations of 18 U.S.C. §§ 1341 and 2341 et seq.;
And, the Court being satisfied that, based on the Verified Complaint for Forfeiture In Rem and the affidavit of Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent Donna Hauser, there is probable cause to believe that the defendant assets so described constitutes property that is subject to forfeiture for such violation(s), and that grounds for the issuance of a Warrant for Arrest of Articles In Rem exist, pursuant to Rule G(3)(b)(i) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions;
IT IS HEREBY ORDERED that the Clerk for the United States District Court, Eastern District of California, shall issue a Warrant for Arrest of Articles In Rem for the defendant assets.
Exhibit A
1. "Champagne Tango" Limited Edition, Michael Goddard, Giclee on canvas, signed by artist, Numbered 207/250, 40" X 24" including frame,
2. Marc Chagall Etching "Soleil Aux Amoureux" black & white Limited Edition Etching, signed by artists, Numbered 1 of 60, 12" × 9" including frame,
3. Joan Miro, The Perseides I, 1970, Registration No. 147727.0018,
4. Joan Miro, The Perseides III, 1970, Registration No. 147727.0018,
5. Joan Miro, Oda A Joan Miro (C.905), 1973, Registration No. 177246.001,
6. Andras Markos, Abstract XV111, 2000, Registration No. 110777.0000,
7. Scott Jacobs, After the Ride, 2005, Registration No. 151835.0215,
8. Scott Jacobs, Summer Red, 2005, Registration No. 151836.0423,
9. Scott Jacobs, Roses or Red, 2005, Registration No. 151837.0193,
10. Diamond engagement ring, CTR RD, diamond 1.90 CTS., GIA Cert # 10074955, E Color, SI, Plat. Mtg. with 6 top bags Wgt .65 CTS and 2 RD diamonds weighing .30 CTS,
11. Diamond necklace containing 7 diamonds Wgt. 1.10 CTS. G Color, VS2 set in handmade white gold necklace,
12. 668 Pair of diamond St. Earrings—2 round diamonds weighing Approx. 1.50 CTS., G Color, SI1, set in white gold mounting,
13. Diamond bracelet containing 60 RD diamonds, weighing 3.51 CTS., G Color, VS2, set in 18kt gold channel mounting,
14. Cartier Roadster, stainless steel watch, S/N 699127D,
15. Steel and Gold Rolex with Roman Dial, Model #R0250005, S/N R79173373B6252K79897,
16. Cartier platinum and diamond Star of David Charm Approx. 1.20 CTS. Fiche #007262125, Ref. #HY300021, S/N 869388,
17. 14kt Gold and Onyx Bracelet with interconnecting Marquise stones,
18. Approximately $4,740.00 in the form of a Cashier's Check in lieu of a Man's diamond ring containing 3 full cut RD. diamonds .74 CTS., Color G, VS2, set in handmade platinum setting,
19. Diamond wedding ring containing 3 full cut RD diamonds .74 CTS, Color G, VS2, set in handmade platinum setting,
20. Diamond Eternity Necklace containing 215 full cut round diamonds weight 2.34 CTS., diamonds are G Color, VS2 set in white gold pave necklace mounting, 17",
21. Pair of diamond stud earrings containing 2 Princess cut diamonds, weighing 2.40 CTS., G-H Color, VS2, set in white gold mappings,
22. Patek Philippe automatic annual calendar watch, black strap, 18kt, white gold case, grey dial, Movement #3131717, Case #4096366,
23. Cartier Tank Francaise Ring Wg-1/2 diamond-Ref B4054750, S/N CR0138,
24. Men's Rolex stainless steel and platinum yacht master watch,
25. Stainless steel Franck Muller Biretro chronograph watch with black alligator strap, Model #7850CCBACB,
26. Jaeger Le-Coultre Men's Grand Reveil watch in platinum, leather strap, Limited Edition, Model Q163644A-12,
27. Panerai Radiomir 45mm chronograph black stainless steel watch Serial #6715PB0569224 Reference #PAM00288,
28. Parmigiani Fleurier stainless steel and black leather chronograph watch, Reference #PF003FLP1,
29. Vacheron Constantin Overseas stainless steel chronograph watch, Model #49150/B01A CAE #1158537,
30. Blancpain stainless steel chrono perpetual calendar watch, Model #2685F1130FI Case #102,
31. IWC Big Pilot platinum watch, Model #500413, Serial #3406085,
32. IWC Mark XVI stainless steel watch, Model #325512, Serial #3355682,
33. Patek Philippe stainless steel watch with diamonds, Model #4910/10A-010, Serial #3592550/4855430,
34. Patek Philippe platinum watch with diamond, Model #5135P-001, Serial #3920424/4455746,
35. Women's Roberto Coin white gold and diamond bracelet,
36. Women's Roberto Coin white gold and diamond bracelet,
37. Roberto Coin Rose gold and diamond bracelet, and
38. Men's Panerai Limior power reserve watch, 2005 Regatta—125 of 500.
WARRANT FOR ARREST OF ARTICLES IN REM
TO THE U.S. MARSHALS SERVICE OF THE EASTERN DISTRICT OF CALIFORNIA AND DISTRICT OF NEW JERSEY, AND/OR ANY OTHER DULY AUTHORIZED LAW ENFORCEMENT OFFICER:
WHEREAS, a verified complaint of forfeiture has been filed on April 30, 2014, in the United States District Court for the Eastern District of California, alleging that the defendant Miscellaneous Art, Jewelry, and Currency listed in Exhibit A attached hereto and incorporated herein (collectively, "defendant assets") are subject to forfeiture to the United States pursuant to 18 U.S.C. § 981(a)(1)(C) for one or more violations of 18 U.S.C. §§ 1341 and 2341 et seq.;
WHEREAS, Rule G(3)(b)(i) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions ("Supplemental Rules") provides that when the United States files a complaint demanding a forfeiture for violation of a federal statute, the clerk must issue a warrant to arrest the property if it is in the government's possession, custody, or control. The defendant art and jewelry are currently in the custody of the U.S. Marshals Service, District of New Jersey. The defendant $4,740.00 is currently in the custody of the U.S. Marshals Service, Eastern District of California;
WHEREAS, in addition, United States Magistrate Judge Dale A. Drozd has ordered that the Clerk for the United States District Court, Eastern District of California, shall issue a Warrant for Arrest of Articles In Rem for the defendant assets based on the Verified Complaint for Forfeiture In Rem and the affidavit of Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent Donna Hauser, stating that there is probable cause to believe that the defendant assets so described constitute property that is subject to forfeiture for such violation(s);
YOU ARE, THEREFORE, HEREBY COMMANDED to arrest and seize the defendant assets, and use discretion and whatever means appropriate to protect and maintain said defendant assets; and
IT IS FURTHER ORDERED that you shall provide notice of this action to all persons thought to have an interest in or claim against the defendant assets by serving upon such persons a copy of this warrant and a copy of the Verified Complaint for Forfeiture In Rem in a manner consistent with the Supplemental Rules, the Federal Rules of Civil Procedure ("Fed. R. Civ. P."), and federal law. This warrant provides notice that in order to avoid forfeiture of the defendant assets, any person claiming an interest in, or right against, the property must file a verified claim, signed under penalty of perjury, identifying the interest in, or right against, the property in the manner set forth in Rule G(5)(a) of the Supplemental Rules, Federal Rules of Civil Procedure, except that in no event may such claim be filed later than 35 days after the date of notice of the forfeiture action and a copy of the complaint was sent or, as applicable, 60 days after the first day of publication on the official internet government forfeiture site www.forfeiture.gov posting the notice of the forfeiture action. In addition, any person having filed such a claim must also file an answer to the complaint or a motion under Rule G(5) and Fed. R. Civ. P., Rule 12 no later than 21 days after the filing of the claim, with a copy thereof sent to Assistant U.S. Attorney Kevin C. Khasigian, 501 I Street, Suite 10-100, Sacramento, CA 95814.
IT IS FURTHER ORDERED that, promptly after execution of this process, you shall file the same in this Court with your return thereon, identifying the individuals upon whom copies were served and the manner employed.
