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Case 2:09-cv-00573-RLH -GWF Document 18 Filed 08/28/12 Page 1 of 6

DANIEL G. BOGDEN
United States Attorney
Nevada Bar No. 2137
Daniel D. Hollingsworth
Assistant United States Attorney
Nevada Bar No. 1925
Lloyd D. George United States Courthouse
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: (702) 388-6336
Facsimile: (702) 388-6787
E-mail: [email protected]
Counsel for the United States of America

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

UNITED STATES OF AMERICA,

Plaintiff,

v.

$2,252,000.00 IN UNITED STATES
CURRENCY,

Defendant.

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2:09-CV-573-RLH (GWF)

DEFAULT JUDGMENT OF FORFEITURE

The United States filed a verified Complaint for Forfeiture in Rem on March 26, 2009.

Complaint, ECF No. 1. The Complaint (ECF, No. 1) alleges the defendant property:

a.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1028, or a conspiracy to commit such offense, and is subject to forfeiture

pursuant to 18 U.S.C. § 981(a)(1)(C);

b.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1028, a “specified unlawful activity” as defined in 18 U.S.C. §§ 1956(c)(7)(A)

and 1961(1)(B), or a conspiracy to commit such offense, and is subject to

forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

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c.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1084, a “specified unlawful activity” as defined in 18 U.S.C. §§ 1956(c)(7)(A)

and 1961(1)(B), or a conspiracy to commit such offense, and is subject to

forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

d.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1341, a “specified unlawful activity” as defined in 18 U.S.C. §§ 1956(c)(7)(A)

and 1961(1)(B), or a conspiracy to commit such offense, and is subject to

forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

e.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1343, a “specified unlawful activity” as defined in 18 U.S.C. §§ 1956(c)(7)(A)

and 1961(1)(B), or a conspiracy to commit such offense, and is subject to

forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

f.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1952(a)(1), a “specified unlawful activity” as defined in 18 U.S.C. §§

1956(c)(7)(A) and 1961(1)(B), or a conspiracy to commit such offense, and is

subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

g.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1952(a)(3), a “specified unlawful activity” as defined in 18 U.S.C. §§

1956(c)(7)(A) and 1961(1)(B), or a conspiracy to commit such offense, and is

subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

h.

constitutes, or is derived from, proceeds traceable to violations of Nevada

Revised Statutes 463.160, 463.430, 464.010, 464.025, 464.075, 465.092,

465.093, and 474.070 and 18 U.S.C. § 1955, a “specified unlawful activity” as

defined in 18 U.S.C. §§ 1956(c)(7)(A) and 1961(1)(B), or a conspiracy to

commit such offense, and is subject to forfeiture pursuant to 18 U.S.C. §

981(a)(1)(C);

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Case 2:09-cv-00573-RLH -GWF Document 18 Filed 08/28/12 Page 3 of 6

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i.

j.

used in violation of Nevada Revised Statutes 463.160, 463.430, 464.010,

464.025, 464.075, 465.092, 465.093, and 474.070 and 18 U.S.C. § 1955 and

is subject to forfeiture pursuant to 18 U.S.C. § 1955(d);

involved in a transaction or attempted transaction in violation of 18 U.S.C. §

1956(a)(1), or is property traceable to such property, and is subject to forfeiture

pursuant to 18 U.S.C. § 981(a)(1)(A);

k.

involved in a transaction or attempted transaction in violation of 18 U.S.C. §

1956(a)(2), or is property traceable to such property, and is subject to forfeiture

pursuant to 18 U.S.C. § 981(a)(1)(A);

l.

involved in a transaction or attempted transaction in violation of 18 U.S.C. §

1957, or is property traceable to such property, and is subject to forfeiture

pursuant to 18 U.S.C. § 981(a)(1)(A);

m.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1956(a)(1), a “specified unlawful activity” as defined in 18 U.S.C. §§

1956(c)(7)(A) and 1961(1)(B), or a conspiracy to commit such offense, and is

subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

n.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1956(a)(2), a “specified unlawful activity” as defined in 18 U.S.C. §§

1956(c)(7)(A) and 1961(1)(B), or a conspiracy to commit such offense, and is

subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

o.

constitutes, or is derived from, proceeds traceable to violations of 18 U.S.C. §

1957, a “specified unlawful activity” as defined in 18 U.S.C. §§ 1956(c)(7)(A)

and 1961(1)(B), or a conspiracy to commit such offense, and is subject to

forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C);

. . .

. . .

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p.

involved in violations of 31 U.S.C. § 5313, or a conspiracy to commit such

violations, or is traceable to any such violations or conspiracy, and is subject

to forfeiture pursuant to 31 U.S.C. § 5317(c)(2); and

q.

involved in violations of 31 U.S.C. § 5324, or a conspiracy to commit such

violations, or is traceable to any such violations or conspiracy, and is subject

to forfeiture pursuant to 31 U.S.C. § 5317(c)(2).

On September 8, 2009, the Court entered an Order for Summons and Warrant of Arrest in

Rem for the Property and Notice and issued the Summons and Warrant of Arrest in Rem. Order for

Summons and Warrant of Arrest in Rem for the Property and Notice, ECF No. 6; Summons and

Warrant Issued by the Clerk, ECF No. 7.

Pursuant to the Order (ECF No. 6), the Complaint (ECF No. 1), the Order (ECF No. 6), the

Summons and Warrant (ECF No. 7), and the Notice of Complaint for Forfeiture (ECF No. 14, p. 8-9)

were served on the defendant property and all persons claiming an interest in the defendant property.

All persons interested in the defendant property were required to file their claims with the Clerk of the

Court no later than 35 days after the notice of this action was sent by mail, followed by the filing of

an answer to the Complaint within 21 days after the filing of their respective claims. Complaint, ECF

No. 1; Order for Summons and Warrant of Arrest in Rem for the Property and Notice, ECF No. 6;

Summons and Warrant Issued by the Clerk, ECF No. 7; Notice of Filing Immigration Custom

Enforcement Return on Service of Process, ECF No. 14.

On August 23, 2012, the Immigration Custom Enforcement served the Complaint, the Order,

the Summons and Warrant of Arrest in Rem for the Property, and the Notice by executing them on

the defendant property. Notice of Filing Immigration Custom Enforcement Return on Service of

Process, ECF No. 14.

Public notice of the forfeiture action and arrest was given to all persons and entities by

publication on the official government website www.forfeiture.gov from June 9, 2012, through July

8, 2012. Amended Notice of Filing Proof of Publication, ECF No. 11.

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Case 2:09-cv-00573-RLH -GWF Document 18 Filed 08/28/12 Page 5 of 6

On August 8, 2012, the United States Filed a Settlement Agreement, Stipulation for Entry of

Judgment of Forfeiture as to Richard Tavano, James Scott, Louis Tavano, and Jacktrade, LLC., and

Order. ECF No. 12.

On August 9, 2012, the Court entered the Order granting the Settlement Agreement,

Stipulation for Entry of Judgment of Forfeiture as to Richard Tavano, James Scott, Louis Tavano, and

Jacktrade, LLC. ECF No. 13.

No other person or entity has filed a claim, answer, or responsive pleading within the time

permitted by 18 U.S.C.§ 983(a)(4) and Fed. R. Civ. P. Supp. Rule G(4) and (5).

On August 27, 2012, the United States filed a Request for Entry of Default against the

defendant property and all persons or entities who claim an interest in the defendant property in the

above-entitled action. ECF No. 15.

On August 28, 2012, the Clerk of the Court entered a Default against the defendant property

and all persons or entities who claim an interest in the defendant property in the above-entitled action.

ECF No. 16.

The allegations of the Complaint are sustained by the evidence and are adopted as findings

of fact. The Court concludes as a matter of law that the United States is entitled to the relief requested

in the Complaint.

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that

Default Judgment of Forfeiture be entered against the defendant property and all persons or entities

who claim an interest in the defendant property in the above-entitled action.

. . .

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Case 2:09-cv-00573-RLH -GWF Document 18 Filed 08/28/12 Page 6 of 6

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that said property be, and the

same is hereby forfeited to the United States of America, and no right, title, or interest in the property

shall exist in any other party.

IT IS HEREBY CERTIFIED, pursuant to 28 U.S.C. § 2465(a)(2), that there was reasonable

cause for the seizure or arrest of the defendant property.

___________________________________
UNITED STATES DISTRICT JUDGE

DATED:___________________________

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August 28, 2012