SARA LIOI, District Judge.
Before the Court is the unopposed motion to strike the claim and answer of Jon A. Herring, Jr. ("Herring") for failing to respond to special interrogatories filed by plaintiff United States of America. (Doc. No. 19 ["Mot."].) For the reasons discussed below, the motion is GRANTED.
This forfeiture action is based upon $10,055.00 in U.S. Currency seized on March 15, 2015. (Doc. No. 1 ["Compl."] at ¶ 3.) Following the seizure, Herring submitted a claim to the defendant currency. (Doc. No. 6 ["Claim to Currency"].) At the time of the seizure, Herring was on parole and being supervised by the Adult Parole Authority of Ohio ("APA").
During the search, officers discovered the currency at issue, much of which was wrapped in $500.00 increments, in a black plastic bag in the center console of the vehicle. (Id. at ¶¶ 10, 11.) Three cell phones were also discovered in Herring's possession. (Id. at ¶ 12.) Based upon training and experience, the officers believed that the packaging of the currency and the possession of three cell phones was consistent with drug trafficking.
On March 30, 2015, the Canton Police Department Detective Bureau interviewed Haavisto, who initially corroborated Herring's story. (Id. at ¶ 16.) She stated that the currency was hers and that she had given Herring permission to give $3,000.00 of it to the family of the deceased person, even though she did not know the person. (Id.) Confronted with the implausibility of her statements, Haavisto recanted her initial statements, admitting that the currency belonged to Herring and that he had asked her to portray it as her own. (Id. at ¶ 17).
The Civil Asset Forfeiture Reform Act,18 U.S.C. § 981, et seq., governs civil forfeiture actions. Persons claiming an interest in seized property may file a claim as provided by Rule G— Forfeiture Actions In Rem—of the Supplemental Rules. United States v. Vehicle 2007 Mack 600 Dump Truck, 680 F.Supp.2d 816, 822 (E.D. Mich. 2010) ("Under the Civil Asset Forfeiture Reform Act of 2000 . . . `any person claiming an interest in the seized property may filed a claim asserting such person's interest in the property in the manner set forth in the Supplemental Rule for Admiralty and Maritime Claims and Asset Forfeiture Actions.' 18 U.S.C. § 983(a)(4)(A).").
Standing to assert a claim is a threshold issue in a civil forfeiture action, and it is the claimant's burden to establish that he has both statutory and Article III standing to contest the forfeiture. United States v. $31,000.00 in U.S. Currency, 872 F.3d 342, 349 (6th Cir. 2017) ("In addition to demonstrating Article III standing, we also require a claimant to comply with Rule G in order to establish statutory standing.") (citations omitted). To establish statutory standing, the claimant must adhere strictly to the requirements of Rule G; "[a] single deviation from the statute's requirements deprives a claimant of statutory standing." Id.. Article III standing exists only when "a claimant [has] a colorable ownership, possessory or security interest in at least a portion of the defendant property." United States v. $515,060.42 in U.S. Currency, 152 F.3d 491, 497 (6th Cir. 1998); see also $31,000.00 in U.S. Currency, 872 F.3d at 348-49.
While it is the claimant's burden to establish standing, Rule G(6)
On November 30, 2017, the government propounded special interrogatories on Herring, as permitted under Rule G(6)(a). (See Doc. No. 16.) The interrogatories were delivered on December 6, 2017. (See Doc. No. 19-1.) The first paragraph of the interrogatories referenced Rule G(6)'s 21-day response requirement. (Doc. No. 19-2 (Special Interrogatories) at 122.
At this time, more than six months have passed since Herring was served with the special interrogatories. He has not responded to the interrogatories, nor has he sought an extension or provided any explanation for his failure to respond. (See Doc. No. 23.) Though Herring is currently incarcerated, there is nothing to suggest he did not receive the interrogatories or copies of court filings and orders referencing his failure to comply with Rule G(6) by answering the special interrogatories.
While "[n]ot every failure to respond to subdivision (6) interrogatories warrants an order striking the claim," Supp. R. G advisory committee's note (subdivision (6)), such an order is appropriate here. See, e.g., United States v. $154,853.00 in U.S. Currency, 744 F.3d 559, 564 (8th Cir. 2014) (district court abused its discretion in striking claim for failure to adequately respond to special interrogatories when response was unnecessary to determine standing). Not only has Herring failed to respond to the special interrogatories, but he asserts nothing more than a general ownership interest in both his original claim and his answer to the complaint. (See Claim to Currency; Doc. No. 7 ["Answer"].) Without information as to how he came to acquire the currency, funds which he initially claimed were owned by his girlfriend, Herring is unable to establish a colorable claim of ownership necessary to establish standing.
Therefore, due to Herring's "`complete failure to respond to the government's Rule G(6) interrogatories,'" the government's motion to strike Herring's claim is granted. United States v. $68,120.00 in U.S. Currency, 258 F.Supp.3d 866, 867 (N.D. Ohio 2017) (quoting United States v. $25,982.28 in U.S. Currency, No. 5:14 CV 150, 2015 WL 410590, at *3 (N.D. Ohio Jan. 29, 2015), disagreed with on other grounds, $31, 000.00 in U.S. Currency, 872 F.3d at 352).
For the foregoing reasons, the government's motion to strike is GRANTED.
Rule G(6)(a) and (b).