Bulletin: NL000056

Note: This Bulletin has been replaced by Bulletin SLS2015001 . Use it for reference only.

Date:
February 19, 1997
To:
All Issuing Offices
RE:
Forfeitures

This Bulletin has been replaced with SLS2015001.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

 EXHIBIT 1

United States District Court for the District of Columbia

UNITED STATES OF AMERICA:
c/o United States Attorney's Office:
Judiciary Center Building:
555 4th Street, N.W.:
Washington, D.C. 20001:
Plaintiff:

v.

Real Property and Premises Known as (description),
Further Described as Lot ___, Block ___
Defendant

Civil Action No. _____

Verified Complaint for Forfeiture in Rem

The United States of America, through its attorney, the United States Attorney for the District of Columbia , respectfully states as follows:

1.  This in rem action is brought to enforce 21 U.S.C. § 881(a)(7), which provides for the forfeiture of real property in whole of any lot or tract of land and any appurtenances and improvement which is used, or intended to be used, to commit or facilitate the commission of a violation, punishable by more than one year's imprisonment, of Title II of the Controlled Substances Act, 21 U.S.C. § 801 et seq.

2.  This Court has jurisdiction over this matter by virtue of 28 U.S.C. §§ 1345 and 1355. Venue exists in this Court pursuant to 28 U.S.C. § 1395(b) and 21 U.S.C. § 881(j).

3.  That the defendant real property with buildings, appurtenances, and improvements is more fully described as:

Real property and premises known as 123 People Drive, Boston, Massachusetts, Described as Lot 1, Block 1, Section 1 in Boston, _____ County, Massachusetts.

4.  That the titled sole owner of this real property is John Smith who acquired it in 1986 for $60,000.

5.  That the defendant real property with appurtenances and improvements is valued at approximately $100,000.

6.  ABC Mortgage Corporation is believed to have an interest in the defendant real property by virtue of an assignment of the first deed of trust in its favor in the amount of $60,000 filed against the defendant real property on or about January 2, 1988 .

7.  The defendant real property is subject to seizure and forfeiture because it was used by John Smith to facilitate the storage of cocaine for sale and the actual distribution of those illegal drugs. Specifically, on at least four separate occasions, between February 1, 1991 and March 1, 1991, John Smith conducted telephone conversations at the defendant property in which he made arrangements to sell crack cocaine to an undercover police officer. On each of these occasions, John Smith was observed leaving the defendant property within moments after the telephone communication. Surveillance continued as he drove into the District of Columbia from Boston . The meetings with the undercover officer at a pre-arranged location in the District took place inside John Smith's vehicle at which time he sold the undercover officer a quantity of crack cocaine. On March 1, 1991, John Smith was arrested and charged with distribution of cocaine. In addition, on that same date, a federal search warrant was executed on defendant property. This search resulted in the seizure of seventy-seven plastic bags of crack cocaine packaged for street sale, two handguns and assorted ammunition, paraphernalia used to package crack cocaine for street sales, $2,906.10 in U.S. currency as well as records and other written documents indicative of narcotic trafficking activities as early as March 1986. (See Affidavit of Investigator Jane Doe, attached hereto as Exhibit I and incorporated by reference.)

8.  By reason of the above described premises, the defendant real property with appurtenances and improvements was used, and intended to be used, to commit or facilitate the commission of a violation of the Controlled Substances Act punishable by more than one year's imprisonment, in particular 21 U.S.C. §§841(a), 846, and 848, and is therefore forfeited to the United States pursuant to the provisions of 21 U.S.C. §881(a)(7).

WHEREFORE, plaintiff requests that due process issue to enforce the forfeiture and give notice to the interested parties to appear and show cause why the forfeiture should not be decreed and the defendant real property with buildings, appurtenances, and improvements be condemned as forfeited to the United States of America; and that thereafter they be disposed of according to lay; and for such other and further relief as the court may deem just and proper.

Respectfully submitted,
_________________________________________
BILL BROWN
United States Attorney
D.C. Bar No. __________

_________________________________________
Assistant United States Attorney
D.C. Bar No. __________

_________________________________________
Assistant United States Attorney
D.C. Bar No. __________

_________________________________________
Assistant United States Attorney
D.C. Bar No. _________

EXHIBIT 2

__________________________
United States Attorney

__________________________
Assistant United States Attorney
Chief, Civil Division

__________________________
Assistant United States Attorney
Chief, Asset Forfeiture Section

__________________________
Assistant United States Attorney
Asset Forfeiture Section
          United States Attorney's Office
         Federal Building, Room ______
         ___________________________
        Los Angeles, California 90012
       Telephone: ________________

Attorneys for Plaintiff
UNITED STATES COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,              )NO. CV  (GHKx)
                  Plaintiff,                                       )JUDGMENT OF FORFEITURE
                  v.                                                    )
REAL PROPERTY located at                       )
Riverside California,                                    )
                 Defendant.                                    )
________________________                        )
                                                                         )
JANE DOE                                                     )
                                                                        )
                Claimant                                       )
________________________                       )

      Plaintiff United States of America commenced this judicial forfeiture action by the filing of its Complaint For Forfeiture against the defendant real property located at 111 South Street, Riverside, California (the "defendant") on October 1, 1991. By way of the Complaint, the government alleged that the defendant was subject to seizure and forfeiture pursuant to the provisions of Section s 881 et seq. of Title 21 of the United States Code.

     Claimant Jane Doe ("Doe") filed her Claim to the defendant on or about October 23, 1991. By way of her Claim, claimant attested to her lawful ownership of the defendant and consequent right to restitution of the defendant.

     Notice of this action has been given in the manner required by law. No appearances were made in this action by anyone other than Doe.

     Doe withdrew her claim to the defendant before this Court on September 8, 1992.

     The Court has considered the matter and has been duly advised. Accordingly,

     IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1.  This Court has jurisdiction over the subject matter of this action and over the defendant.
2.  The Complaint for Forfeiture of the United States of America states a claim for relief against the defendant under Sections 881 et seq. to Title 21 of the United States Code.
3.  Plaintiff United States of American gave notice of this action as required by law.
4.  Plaintiff United States of America shall have judgment in this action as to the interest of Jane Doe in and to the defendant real property located at 111 South Street, Riverside, California, the legal description of which is set forth in Exhibit A hereto and incorporated herein.
5.  Any potential claimants other that Doe are deemed to admit that the allegations of the Complaint are true. However, a legitimate lienholder on the defendant may file a Petition for Remission as provided by regulation to establish the legitimacy of its lien. To the extent such lien is determined to be legitimate by the Department of Justice, that lien shall be paid out of the asset forfeiture fund.

     IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT the defendant is condemned and forfeited to the United States of America as of September 17, 1991, the date law enforcement officers searched the defendant property and found evidence of narcotics trafficking.

     The Los Angeles Recorder shall index this Judgment of Forfeiture in the grantor index under the name of Jane Doe and in the grantee index in the name of the United States of American.

     Title to the defendant having vested in plaintiff United States of America , plaintiff shall proceed to sell the defendant in accordance with law.

     The government and Jane Doe shall each bear their own attorneys' fees.

DATED: 9/10/92

                                                            _________________________________
                                                            UNITED STATES DISTRICT JUDGE

PRESENTED BY:

__________________________
United States Attorney

__________________________
Assistant United States Attorney
Chief, Civil Division

__________________________
Assistant United States Attorney
Chief, Asset Forfeiture Section

__________________________
Assistant United States Attorney

CERTIFICATE OF SERVICE BY MAIL

     I, _______________________, declare:

     That I am a citizen of the United States and resident or employed in Los Angeles County, California; that my business address is Office of the United States Attorney, North Los Angeles Street, Suite , Los Angeles, California 90012; that I am over eighteen years, and am not a party to the above-entitled action; that I am employed by the United States Attorney for the Central District of California who is a member of the Bar of the Unites States District court for the Central District of California at whose direction the service by mail described in this Certificate was made; that on September 9, 1992, I deposited in the United States Mail in the United States Courthouse at 300 North Los Angeles Street, Los Angeles, California, in the above-entitled action, in an envelope bearing the requisite postage, a copy of:

                           [PROPOSED] JUDGMENT OF FORFEITURE

addressed to :  Jane Doe
                          111 South Street
                          Riverside, California
at the last known address, at which place there is a delivery service by United States Mail.
     This certificate is executed on September 9, 1992 at Los Angeles, California.
     I certify under penalty of perjury that the foregoing is true and correct.

EXHIBIT 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

UNITED STATES OF AMERICA                 )
                    v.                                                    )   CRIMINAL NO. CR-
                                                                           )
                                                                           )

PRELIMINARY ORDER OF FORFEITURE
(count two)

     WHEREAS, in Count Two of the Indictment in the above case, the United States sought forfeiture of specific property of the Defendants __________________ pursuant to 21 U.S.C. § 853 as either proceeds of the unlawful drug activities charged in Count Two or property used or intended to be used to facilitate said violations;

     AND WHEREAS, on __________ the trial jury found said Defendants guilty on Count Two and thereafter the trial jury returned a Special Verdict finding that said Defendants' interest in each of the specifically identified properties alleged in Count Two is subject to forfeiture;

     AND WHEREAS, by virtue of said Guilty and Special Verdicts, the United States is now entitled to possession of said properties, pursuant to 21 U.S.C. §§ 846, 841(a)(1) and 853 and Rule 32(b)(2) of the Federal Rules of Criminal Procedure;

     Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED:

1.  That based upon the jury verdict of guilty against the said Defendants on Count Two, the United States is hereby authorized to seize the following property and it is hereby FORFEITED to the United States for disposition in accordance with the laws, subject to the provisions of 21 U.S.C. § 853(n)(1):
The following property belonging to Defendant _______________________:
   (Describe property)
2.  That the United States Marshal is hereby ordered to record forthwith a copy of this Order in the county where each of the above-described real properties are located and which Order, when recorded, shall be notice to any transferee or potential transferees of the interest of the United States of America therein.
3.  That all of the aforementioned forfeited property is to be held by the United States Marshals Service in their secure custody and control.
4.  That pursuant to 21 U.S.C. § 853(n)(1), the United States Marshal forthwith shall publish at least once for three successive weeks in a newspaper of general circulation, notice of this Order, notice of the Marshals intent to dispose of the property in such manner as the Attorney General may direct and notice that any person, other than the Defendants, having or claiming a legal interest in any of the above-listed forfeited property must file a petition with the court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier.
   This notice shall state that the petition shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the property, shall be signed by the petitioner under penalty of perjury, and shall set forth the nature and extent of the petitioner's right, title, or interest in each of the forfeited properties and any additional facts supporting the petitioner's claim and the relief sought.
   The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the Order of Forfeiture, as a substitute for published notice as to those persons so notified.
5.  That upon adjudication of all third-party interest, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n) in which all interests will be addressed.

     ORDERED this ___ day of ________

                                                   _______________________________
                                                   United States District Judge

EXHIBIT 4

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA                   )
                                                                            )    CRIMINAL NO. CR-
______________________________                )

FINAL ORDER OF FORFEITURE

   WHEREAS, on ___________(date) , this Court entered Preliminary Orders of Forfeiture pursuant to the provisions of 21 U.S.C. §§ 841(a) (1), 846, 848, and 853, based upon the trial jury's Guilty Verdicts against the above Defendants on Counts One and Two, and the Special Verdict forfeiting certain property alleged to be subject to forfeiture in Counts One and Two of the Indictment;

   AND WHEREAS, on various dates in _________________(dates) , the United States published in newspapers of general circulation notice of this forfeiture and of the intent of the United States to dispose of the property in accordance with the law and further notifying all third parties of their right to petition the Court within thirty (30) days for a hearing to adjudicate the validity of their alleged legal interest in the property;

   AND WHEREAS, it appears from the record that only claims by governmental entities seeking recovery of outstanding property taxes have been filed, and that no other claims, contested or otherwise, have been filed for those certain properties identified in this Court's (date)________________ Preliminary Orders of Forfeiture and named herein below.

   Accordingly, it is HEREBY ORDERED, ADJUDGED, and DECREED:

1.  That the right, title and interest to all of the hereinafter described property, whether real, personal and/or mixed, of the Defendants named, is hereby condemned, forfeited and vested in the United States of America, and shall be disposed of according to law.
2.  That the following properties belonging to Defendants _______________________, who are the subject of this Order, are hereby condemned and forfeited to the United States of America. The properties forfeited herein are identified in the same manner as this Court's preliminary order of (date) , and are as follows:
    a.  (Describe property)
3.  That a copy this Order shall be recorded forthwith by the United States Marshal or his duly authorized designee in every county in which any of the above-described real property is located, and when recorded, shall be notice to any potential transferee of the right, title and interest of the United States of America therein.
4.  That, as to any real property, the United States Marshal is further ORDERED to pay any appropriate outstanding county property tax bills through the date of entry of this Order, and obtain from the taxing authority an appropriate release, cancellation and satisfaction evidencing payment of the same.
5.  That any and all forfeited funds, including but not limited to currency, currency equivalents and certificates of deposit, as well as any income derived as a result of the United States Marshal's management of any property forfeited herein, and the proceeds from the sale of any forfeited property, after the payment of cost and expenses incurred in connection with the forfeiture, sale and disposition of the forfeited property, shall be deposited forthwith by the United States Marshal into the Department of Justice Assets Forfeiture Fund in accordance with 28 U.S.C. § 524(c) and 21 U.S.C. § 881(e).

   The Clerk is hereby directed to send copies of this Order to all counsel of record and the United States Marshal.

   DONE this _____________ of day of __________________, ________.

______________________________
United States District Judge

 

References

Bulletins Replaced:
NL000020 This Bulletin has been replaced by NL000056.
Related Bulletins:
None
Underwriting Manual:
6.34 Forfeitures
Exceptions Manual:
Forfeitures
Forms:
STG Affidavit - Federal Civil Forfeiture
 
STG Affidavit - Federal Criminal Forfeiture