Filed: Mar. 07, 2016
Latest Update: Mar. 07, 2016
Summary: ORDER FOR WARRANT OF ARREST IN REM JON STUART SCOLES , District Judge . Upon consideration of the Complaint filed in the above-entitled action, this Court is satisfied that there is probable cause to believe the defendant property as described is subject to arrest and seizure for violation of a statute of the United States. IT IS THEREFORE ORDERED: 1. That the following described property: Four Thousand Three Hundred Forty Dollars ($4,340.00) in United States Currency, seized on or abou
Summary: ORDER FOR WARRANT OF ARREST IN REM JON STUART SCOLES , District Judge . Upon consideration of the Complaint filed in the above-entitled action, this Court is satisfied that there is probable cause to believe the defendant property as described is subject to arrest and seizure for violation of a statute of the United States. IT IS THEREFORE ORDERED: 1. That the following described property: Four Thousand Three Hundred Forty Dollars ($4,340.00) in United States Currency, seized on or about..
More
ORDER FOR WARRANT OF ARREST IN REM
JON STUART SCOLES, District Judge.
Upon consideration of the Complaint filed in the above-entitled action, this Court is satisfied that there is probable cause to believe the defendant property as described is subject to arrest and seizure for violation of a statute of the United States.
IT IS THEREFORE ORDERED:
1. That the following described property:
Four Thousand Three Hundred Forty Dollars ($4,340.00) in United States Currency, seized on or about July 6, 2015, from the business known as "Everything Smoking" in Sioux City, Iowa, operated by Oladimeji Ayodele
be seized and arrested by the Drug Enforcement Administration (DEA), under attachment and monition of this Court; that the Clerk of the United States District Court shall issue a Warrant of Arrest in rem to be executed by the said Drug Enforcement Administration, pursuant to Rule G(1) and G(3)(b)(i) of the Federal Rules of Civil Procedure. Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Claims.
2. That, pursuant to G(5)(a)(i)(A) and (B) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Claims, all persons claiming an interest in the defendant property are required to file with this Court a Claim within thirty-five (35) days after actual notice is sent or within sixty (60) days after the first date of publication on the official internet government website www.forfeiture.gov. The Claim shall be signed by the claimant under penalty of perjury; state the specific property claimed; state the claimant's interest in the property, and be served upon the government attorney.
3. That, pursuant to Rule G(5)(b) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Claims, any person asserting a claim must serve and file an answer to the complaint or a motion under Rule 12 within twenty-one (21) days after filing the claim.
4. The United States is directed to forthwith publish notice of the seizure via www.forfeiture.gov. for a period of 30 consecutive days. This notice shall describe the seized property, the identity of responsible officials, time and place of arrest, citations of legal authority, available procedures to be heard, time limits to respond or challenge the seizure or seek relief, and the penalty for inaction.
WARRANT OF ARREST IN REM
To: Drug Enforcement Administration
WHEREAS, a verified complaint has been filed in this Court praying that process issue for the arrest of defendant property that is the subject of this action:
NOW, THEREFORE, we do hereby command that you seize the property which is described as:
Four Thousand Three Hundred Forty Dollars ($4,340.00) in United States Currency, seized on or about July 6, 2015, from the business known as "Everything Smoking" in Sioux City, Iowa, operated by Oladimeji Ayodele
and detain the same in your custody until further order of the Court respecting the same.
All persons claiming an interest in said property must file a Claim stating their interest to the defendant property, pursuant to Rule (G) of the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Claims, within thirty-five (35) days after notice is sent or within sixty (60) days after the first date of internet publication on www.forfeiture.gov., and must serve and file an Answer to the complaint or a motion under Rule 12 within twenty-one (21) days, pursuant to Rule G(5)(b), after the filing of their Claim, with the Office of the Clerk of Court, United States District Court, 320 6th Street, Sioux City, IA 51101, with a copy thereof sent to Assistant United States Attorney Martin J. McLaughlin, at 111 — 7th Avenue SE, Cedar Rapids, Iowa 52401.
Additional procedures and regulations regarding this forfeiture action are found at 19 U.S.C. §§ 1602-1619, and Title 21, Code of Federal Regulations (C.F.R.), Sections 1316.71-1316.81. All persons and entities who have an interest in the defendant property may, in addition to filing a Claim or in lieu of the filing of a Claim, submit a Petition for Remission or Mitigation of the forfeiture for a non-judicial determination of this action pursuant to 28 C.F.R. Part 9.