ALLISON CLAIRE, Magistrate Judge.
WHEREAS, a verified complaint of forfeiture has been filed on February 5, 2016, in the United States District Court for the Eastern District of California, alleging that the defendant Approximately $98,100.00 in U.S. Currency ("defendant $98,100.00"), Approximately $35,900.00 in U.S. Currency ("defendant $35,900.00"), and Approximately $40,000.00 in Money Orders ("defendant Money Orders" collectively "defendant assets") are subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6) for one or more violations of 21 U.S.C. §§ 841 et seq.;
And, the Court being satisfied that, based on the Verified Complaint for Forfeiture In Rem and the affidavit of Drug Enforcement Administration Special Agent Robert M. Marchi, there is probable cause to believe that the defendant currency 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.
TO THE U.S. MARSHALS SERVICE OF THE EASTERN DISTRICT OF CALIFORNIA AND/OR ANY OTHER DULY AUTHORIZED LAW ENFORCEMENT OFFICER:
WHEREAS, a verified complaint of forfeiture has been filed on February 5, 2016, in the United States District Court for the Eastern District of California, alleging that the defendant Approximately $98,100.00 in U.S. Currency ("defendant $98,100.00"), Approximately $35,900.00 in U.S. Currency ("defendant $35,900.00"), and Approximately $40,000.00 in Money Orders ("defendant Money Orders" collectively "defendant assets") are subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6) for one or more violations of 21 U.S.C. §§ 841 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 currency is in the custody of the U.S. Marshals Service for the Eastern District of California;
WHEREAS, in addition, United States Magistrate Judge Allison Claire 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 currency based on the Verified Complaint for Forfeiture In Rem and the affidavit of Drug Enforcement Administration Special Agent Robert Marchi, stating that there is probable cause to believe that the defendant currency so described constitutes property that is subject to forfeiture for such violation(s);
YOU ARE, THEREFORE, HEREBY COMMANDED to arrest and seize the defendant currency, and use discretion and whatever means appropriate to protect and maintain said defendant currency; 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 currency 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 currency, 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
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.
I, Robert M. Marchi, being duly sworn state the following:
1. I am a Special Agent with the United States Drug Enforcement Administration ("DEA") and have so been employed for approximately sixteen years. I was trained as a DEA Special Agent at the DEA/FBI Academy, Quantico, Virginia. At the Academy, I received special training in the Controlled Substances Act, Title 21 United States Code, including but not limited to Sections 841(a)(1) and 846, Controlled Substance Violations and Conspiracy to Commit Controlled Substance Violations. I received special training regarding criminal organizations engaged in conspiracies to manufacture and/or possess with intent to distribute methamphetamine, cocaine, cocaine base, heroin, marijuana and other dangerous drugs prohibited by law. I received further training in search and seizure law and many other facets of drug law enforcement.
2. During the course of my employment as a DEA Special Agent, I have participated in numerous criminal investigations. I have participated in numerous Federal and State search warrants involving the aforementioned listed controlled substances, the seizure of narcotics related records and other types of evidence that document the activities of criminal organizations in both the manufacturing and distribution of controlled substances. To successfully conduct these investigations, I have utilized a variety of investigative techniques and resources, including physical and electronic surveillance, various types of infiltration, including: undercover agents, informants and cooperating sources. Through these investigations, my training and experience, and conversations with other experienced agents and law enforcement personnel, I am familiar with the methods used by drug traffickers to smuggle and safeguard controlled substances, to distribute controlled substances, and to collect and launder related proceeds.
3. This affidavit is made in support of a warrant for arrest of Approximately $98,100.00 in U.S. Currency ("defendant Approximately $98,100.00"), Approximately $35,900.00 in U.S. Currency ("defendant Approximately $35,900.00"), and Approximately $40,000.00 in Money Orders ("defendant Money Orders" collectively defendant assets.) The defendant assets were monies furnished and intended to be furnished in exchange for a controlled substance or listed chemical, constituted proceeds traceable to such an exchange, and were used and intended to be used to commit or facilitate a violation of 21 U.S.C. §§ 841, et seq. As a result of the foregoing, the defendant assets are subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6).
4. The facts in this affidavit are known to me as a result of my personal participation in this investigation, through conversations with other agents and detectives who have participated in this investigation, and I have determined the following:
5. On October 6, 2015, Anthony Lavar Simmons ("Simmons") traveled on Delta Airlines flight 760 from Atlanta, Georgia to Sacramento, California. Agents with the DEA received information regarding suspicious travel by Simmons, including the timing and manner of his ticket purchase. A law enforcement database search revealed that Simmons has numerous arrests, including carrying a concealed weapon, manufacturing a controlled substance, trafficking cocaine, and multiple arrests for possession of marijuana.
6. Law enforcement agents responded to Sacramento International Airport and waited for Simmons near the baggage claim carousel associated with Delta Airlines flight 760. Prior to Simmons' arrival at the baggage claim area, law enforcement agents identified Simmons' checked luggage by a luggage tag that contained his information. As Simmons took possession of the bag previously identified as being his, an agent approached Simmons and identified himself as a law enforcement agent. Simmons agreed to speak with the agent and said he was traveling from Charleston, South Carolina. The agent asked if he could search Simmons' checked luggage bag, and Simmons consented to the search. The agent opened the bag in the vicinity of the baggage claim area and Simmons voluntarily told the agent that he possessed a large amount of cash. The agent then located a large brick of cash wrapped in a pair of pants inside Simmons' checked luggage. The law enforcement agent told Simmons that they move to an office away from the public so the agent could continue the search of Simmons' luggage. Simmons accompanied the agents to the separate office to finish the search of his luggage.
7. Upon entering the office, Simmons told law enforcement agents that he was in Sacramento to purchase smoking pipes from Tobacco City and Godfrey Group. Simmons was unable to provide an address for either business. Simmons explained that he had opened his own smoke shop, 843 Glass and Smoke, in Charleston, South Carolina six months earlier. Simmons said the smoke shop was located at 4198 High Gate Court in North Charleston. Simmons also claimed to own Tidy Touch Cleaning Service and 843 Mobile Tint and Detail, which also operated from the 4198 High Gate Court location. (Subsequent investigation has revealed that of the tobacco businesses mentioned by Simmons are owned by Simmons' girlfriend Dwanisha Robinson ("Robinson").
8. When agents asked Simmons how much cash he was carrying, he originally said $48,000.00. Simmons later changed his story and said he possessed $98,000.00. Simmons told law enforcement agents that he did not use banks because of his fears associated with operating a smoke shop where some of the inventory could be used to smoke marijuana.
9. Consensual searches of Simmons' carry-on backpack, carry-on small rolling bag, and checked bag revealed bundles of cash concealed in each bag. Simmons told law enforcement agents that there was $48,000.00 in his checked bag, $30,000.00 in his small rolling bag, and $20,000.00 in his backpack. The cash was comprised of various denominations and divided into bundles of $6,000.00 and $10,000.00. A later bank count of the cash seized from Simmons' bags totaled $98,100.00 — the defendant currency. The defendant currency was broken down in the following denominations: 440 $100 bills, 122 $50 bills, 2,176 $20 bills, 292 $10 bills, and 312 $5 bills.
10. While at the airport and in Simmons' presence, the cash seized from Simmons was presented to a drug dog trained to alert to the presence of the odor of narcotics. The drug dog positively alerted to the presence of the odor of narcotics on the cash.
11. On November 9, 2015, the DEA received information that Simmons had purchased a one-way ticket to Sacramento, California. On November 10, 2015, Simmons traveled on Delta Airlines flight 2575 from Atlanta, Georgia to Sacramento, California. His original departure location was Charleston, South Carolina, with a stop in Atlanta. Law enforcement agents responded to Sacramento International Airport and observed Simmons exit the gate associated with his flight and proceed toward the terminal exit.
12. The agents approached Simmons at the airport, identifying him by name. Simmons recognized one of the agents from the October 6, 2015 encounter and he stopped to talk to the agents. One of the agents asked Simmons what he was doing back in Sacramento, to which Simmons responded, "I'm not traveling with a bunch of cash this time." The agent asked Simmons how much cash he was carrying in his bag this time, and Simmons said "$35,000.00." Simmons then voluntarily opened his carry-on rolling bag and removed several stacks of cash bound with rubber-bands. The agent instructed Simmons to put the cash away and accompany the law enforcement agents to a separate office.
13. Upon entering the office, Simmons told law enforcement agents that he was traveling from Atlanta, Georgia. When asked how much cash he had in his rolling bag, Simmons said, "$28,000.00." An agent searched the rolling bag and found a large sum of cash. Agents identified a second large sum of cash in Simmons' carry-on backpack.
14. Simmons told law enforcement agents that he had $30,000.00 in cash and $40,000.00 in money orders in his rolling bag. Simmons said he had $5,000.00 in cash in his backpack. Simmons told agents he was returning to Tobacco City and Godfrey Group in Sacramento to restock his smoke shop in Charleston, South Carolina. He told agents that the cash was from his smoke shop, auto detail business, and from the sale of raffle tickets. Simmons again told law enforcement agents that he did not use banks because of his fears regarding the smoke shop he owns in Charleston, south Carolina.
15. Simmons told the agents that he was planning to be in Sacramento for two or three days. When asked, Simmons was unable to provide an address for smoke shops he planned to visit while in Sacramento. Simmons also acknowledged having not made arrangements to meet with the owners of the smoke shops concerning his large order of product. When asked how he had acquired the money orders, Simmons initially said that an individual with the initials M.B. — an athletic trainer — helped him obtain the money orders. Later, Simmons said M.B. had simply given him the money orders. Simmons changed his story again, claiming that M.B. had nothing to do with it and that he obtained the money orders from check cashing businesses to avoid currency reporting requirements.
16. A later bank count of the cash seized from Simmons' bags totaled $35,900.00 in cash — the defendant currency. The defendant currency was broken down in the following denominations: 275 $100 bills, 167 $50 bills, 2 $20 bills, and 1 $10 bill.
17. While at the airport and in Simmons' presence, the cash seized from Simmons was presented to a drug detection dog trained to alert to the presence of the odor of narcotics. The drug dog positively alerted to the presence of the odor of narcotics on the cash.
18. Following the positive dog alert, an agent asked Simmons for a good mailing address so they could notify Simmons of subsequent proceedings involving the seized cash. Simmons replied — "You can keep it." The agent asked Simmons if he was serious and did not intend on claiming the seized cash, to which Simmons said, "Nope, you can just keep it all." Simmons was provided a receipt for the seized cash before he departed the office and exited the airport.
19. On January 15, 2016, Simmons and Robinson were arrested as part of an investigation by the Charleston County Sheriff's Office in South Carolina and the United States Postal Service ("USPS"). The investigation focused on Simmons and the smoke shop, which law enforcement had reason to believe were involved in marijuana trafficking.
20. Starting in 2013, law enforcement agencies had conducted multiple controlled deliveries of marijuana on Simmons in South Carolina. On January 14, 2016, USPS intercepted two parcels containing marijuana and intended for Simmons or 843 Glass and Smoke. On January 15, 2016, Simmons arrived at the post office and retrieved one of the previously-identified suspicious parcels from a P.O. Box registered to 843 Glass and Smoke.
21. Law enforcement agents followed Simmons to a residence located at 371 Spring View Lane, Summerville, South Carolina, where they observed Simmons carry the parcel into the residence. (Simmons is the utility customer for 371 Spring View Lane, Summerville, South Carolina.) A search warrant was later executed at the residence and agents located the parcel Simmons retrieved from the post office earlier that day.
22. Inside the parcel box, law enforcement agents discovered 13 pounds of marijuana. In the residence, law enforcement agents discovered evidence of marijuana trafficking, including multiple shipping boxes, empty vacuum sealed bags with marijuana residue, a vacuum sealer, numerous receipts for money orders, and equipment for a marijuana honey oil lab. Agent also found over $100,000.00 in cash, which was stacked, rubber-banded, and in placed in multiple grocery bags.
23. The second parcel was delivered to the 843 Smoke and Glass retail store in Charleston, where it was accepted by Robinson. The package delivered to the storefront also contained 13 pounds of marijuana and was sent from a business located in White Rock Road in Rancho Cordova, California.
24. Based on the foregoing, I have probable cause to believe that the defendant assets were intended for the purchase of illegal drugs or are proceeds from drug trafficking. It is respectfully requested that a Warrant for Arrest of Articles In Rem, pursuant to the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions Rule G(3)(b)(i), be issued for the defendant assets listed above.
