United States v. 1984 Cessna 550 Citation II Jet Aircraft with Serial No. S550-0020 and Registration No. YV3325MOTION for Clerks Entry of Default as to 1984 Cessna 550 Citation II Jet Aircraft with Serial No. S550-0020 and Registration No. YV3325S.D. Fla.January 20, 2020October 30,2019 Dear Customer: The following is the proof-of-delivery for tracking number 776843696229. Delivery Information: Status: Delivered Delivered to: Residence Signed for by: E.ERICA Delivery location: 9979 NW 89TH TER MIAMI, FL 33178 Service type: FedEx Standard Overnight Delivery date: Oct 30, 2019 13:19 Special Handling: Deliver Weekday Residential Delivery Shipping Information: Tracking number: 776843696229 Ship date: Oct 29, 2019 Weight: 0.5 lbs/0.2 kg Recipient: Shipper: Moinica Ortigoza AUSA Adrienne Rosen 9979 NW 89TH TER US Attorneys Office S.Distric MIAMI, FL 33178 US 99 NE 4th St., Ste 700 Miami, FL 33132 US Reference AER: 19-62616CvRKA Thank you for choosing FedEx. Case 0:19-cv-62616-RKA Document 12-1 Entered on FLSD Docket 01/20/2020 Page 1 of 15 Page 1 of2 - -I w) ~r 0 ::0 cs: Q :,:;: ~> '°enC;;o 0 ,;i: (0 s: m_~ ffi~~g} (0 -..i 0 OTI £:iciEJ~ -... (0 en, :i:;;o;;ol=? -... z z ~~ enZffiS:: O') ~ --1~ --1mz-u ;:ti ~ mw , - ;::o ;;o (C N N 0 w ~ )> w CD 00 ,, A'i ;,;i en I --1 (J) > I co o:,:.en F )>OI z ~ r o~-.. "U C en ~G)o m m > C z ~:-:1~ Al 0 c:ooITl I m ~~~ C ;;o "Tl (A) 0 0 c:ar-0 r- :::::roo C: < 0 z -I m ~ en m ~ -I (C CJ,) Al ~f, ~ "' s:~ z co C, :::c c5 0 --... m ::c 0 )> ClO (J) --1 ""C • 5f,7 J3/2A3C.05,A2 J19Z119f1S19D1uv •l After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental.consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https ://www.fedex. corn/ shipping/html/ en/PrintIFrame.html 10/29/2019 Case 0:19-cv-62616-RKA Document 12-1 Entered on FLSD Docket 01/20/2020 Page 2 of 15 VIA FEDERAL EXPRESS Moinica Ortigoza 9979 NW 89 Terrace Doral, FL 33178 99 N.E. 4th Street Miami, FL 33132 U.S. Department of Justice United States Attorney Southern District of Florida (305) 961-9338- Telephone (305) 530-7950- Facsimile October 28, 2019 Re: United States of America v. 1984 Cessna 550 Citation II Jet Aircraft with serial number S550-0020 and registration number YV 3325; Civil Case No. 19-CV-62616-Altman/Hunt Dear Ms. Ortigoza: This letter provides direct notice of the above-referenced civil forfeiture action. Enclosed please find a copy of the verified complaint, arrest warrant in rem, and related documents filed for one 1984 Cessna 550 Citation II Jet Aircraft with serial number S550-0020 and registration number YV 3325 (the "Defendant Property"). Under the provisions of Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (the "Supplemental Rules"), a person asserting an interest in the Defendant Property must file a verified claim within 35 days of October 28, 2019, the date this letter was sent. The verified claim must (A) identify the specific property claimed; (B) identify the claimant and sate the claimant's interest in the property; and (C) be signed by the claimant under penalty of perjury. An answer or motion under Rule 12 of the Federal Rules of Civil Procedure must be filed no later than 21 days after filing the claim. The claim, answer, and/or responsive pleading should be filed with the Clerk of the Court, United States District Court for the Southern District of Florida, 400 North Miami Avenue, Florida 33128, and a copy of each filing must also be served upon the undersigned government counsel, Adrienne Rosen, Assistant United States Attorney, 99 N.E. 4th Street, Miami, Florida 33132. Case 0:19-cv-62616-RKA Document 12-1 Entered on FLSD Docket 01/20/2020 Page 3 of 15 Upon the failure of the owner, possessor or any party claiming an interest in the Defendant Property to comply with Rule G of the Supplemental Rules, the Defendant Property may be forfeited to the United States by default and without further notice or hearing. Sincerely, ARIANA FAJARDO RSHAN UNITED STAT TORNEY BY: Case 0:19-cv-62616-RKA Document 12-1 Entered on FLSD Docket 01/20/2020 Page 4 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: UNITED STATES OF AMERICA, Plaintiff, vs. 1984 CESSNA 550 CITATION II JET AIRCRAFT WITH SERIAL NO. S550-0020 AND REGISTRATION NO. YV3325 Defendant In Rem. I - - - - --------- - --- VERIFIED COMPLAINT FOR FORFEITURE IN REM Plaintiff, United States of America, by and through the undersigned Assistant United States Attorney for the Southern District of Florida, hereby files this civil complaint for forfeiture in rem and alleges as follows: 1. This is a civil action in rem for the forfeiture of one 1984 Cessna 550 Citation II Jet Aircraft with serial number S550-0020 and registration number YV 3325 ("Defendant Aircraft"), currently located at the Fort Lauderdale Executive Airport. 2. The Court has jurisdiction over this subject matter pursuant to Title 28, United States Code, Sections 1345 and 1355. 3. The Court has in rem jurisdiction over the Defendant Aircraft pursuant to Title 28, United States Code, Section 1355. 4. The Court has venue over this action pursuant to Title 28, United States Code, Sections 1355 and 1395. Case 0:19-cv-62616 Document 1 Entered on FLSD Docket 10/21/2019 Page 1 of 5Case 0:19-cv-6261 -RKA ocu ent 12-1 Entered on FLSD Docket 01/20/2020 Page 5 of 15 FACTUAL ALLEGATIONS 5. On or about September 20, 2019, the Defendant Aircraft arrived at Fort Lauderdale Executive Airport from Caracas, Venezuela. On board were two Venezuelan nationals, Victor Fossi Grieco (the "Pilot") and Jean Carlos Sanchez Rojas (the "Passenger"), among other persons. 6. The Pilot told United States Customs and Border Protection ("CBP") officers that he did not have anything to declare. The Passenger declared that he and his wife were carrying $24,000 in United States currency, but did not declare any other items. 7. CBP officers conducted an examination of the Defendant Aircraft at Fort Lauderdale Executive Airport, during which one officer observed loose rivets and missing screws on the nose compartment of the Defendant Aircraft. Upon further examination inside the nose compartment of the Defendant Aircraft, the officers discovered a concealed compartment, also known as a "trap," underneath flat sheet metal. The trap held bags containing gold bars that weighed approximately 230 pounds. 8. The Pilot and the Passenger admitted that they collected the gold bars in Venezuela to smuggle into the United States for a fee. They also admitted that they knew they had to declare the gold bars upon arrival in the United States, but chose not tb do so. 9. The Pilot and Passenger were subsequently arrested and charged by indictment in the Southern District of Florida with violations of Title 18, United States Code, Sections 542 and 545, and conspiracy to commit a violation of Title 18, United States Code, Section 545, in criminal case number 19-60280-CR-ALTONAGA/SELTZER. 10. Lab analysis shows that the gold bars contained in the Defendant Aircraft weighed approximately 230 pounds, with an average purity of approximately 91.39 percent, and an approximate value of $4,611,363.66. 2 Case 0:19-cv-62616 Document 1 Entered on FLSD Docket 10/21/2019 Page 2 of 5Case 0:19-cv-6261 -RKA ocu ent 12-1 Entered on FLSD Docket 01/20/2020 Page 6 of 15 11. The Defendant Aircraft is currently at Fort Lauderdale Executive Airport. LEGAL BASIS FOR FORFEITURE 12. Title 19, United States Code, Section 1595a(a) subjects to forfeiture every vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of any article which is being or has been introduced, or attempted to be introduced, into the United States contrary to law, whether upon such vessel, vehicle, animal, aircraft, or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment. 13. Title 18, United States Code, Section 542 makes it unlawful to knowingly and intentionally attempt to introduce into the commerce of the United States imported merchandise by means of a fraudulent and false declaration, paper, and statement. 14. Title 18, United States Code, Section 545 makes it unlawful to knowingly and willfully, with the intent to defraud the United States, attempt to smuggle and clandestinely introduce into the United States, from a place outside thereof, any merchandise which should have been invoiced. CLAIM FOR FORFEITURE 15. The factual allegations in paragraphs 1 through 14 are realleged and incorporated by reference herein. 16. The Defendant Aircraft is subject to forfeiture pursuant to Title 19, Untied States Code, Section 1595a(a), as an aircraft used in, to aid in, or to facilitate, the importation, bringing in, unlading, landing, removal, concealing, or harboring gold bars, in an attempt to introduce them into the United States contrary to law. 3 Case 0:19-cv-62616 Document 1 Entered on FLSD Docket 10/21/2019 Page 3 of 5Case 0:19-cv-6261 -RKA ocu ent 12-1 Entered on FLSD Docket 01/20/2020 Page 7 of 15 WHEREFORE, the United States requests that this Honorable Court issue a warrant for arrest in rem for Defendant Aircraft; that due notice issue to enforce the forfeiture and to give notice to all interested parties to appear and show cause why the forfeiture should not be decreed; that the Defendant Aircraft be condemned and forfeited to the United States of America for disposition according to law; and for such other and further relief as this Court may deem just and proper. DATE: 10/z.1 /J 1 BY: Respectfully submitted, ARIANA FAJARDO ORSHAN UNITED STATES TORNEY arienne . Rosen Assistant United States Attorney Court Id. No. A5502297 U.S. Attorney's Office 99 NE 4th Street, 7th Floor Miami, Florida 33132-2111 Telephone: (305) 961-9338 Facsimile: (305) 536-4089 Adrienne.Rosen@usdoj.gov 4 Case 0:19-cv-62616 Document 1 Entered on FLSD Docket 10/21/2019 Page 4 of 5Case 0:19-cv-6261 -RKA ocu ent 12-1 Entered on FLSD Docket 01/20/2020 Page 8 of 15 VERIFICATION I, Catherina Birkeland, hereby verify and declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that I am a Special Agent with Homeland Security Investigations (the "HSI"), that I have read the foregoing Verified Complaint for Forfeiture In Rem ("Verified Complaint") and know the contents thereof, and the matters contained in the Verified Complaint are true to my own knowledge, except that those herein stated to be alleged on information and belief and as to those matters I believe to be true. The sources ofmy knowledge and information and the grounds ofmy belief are the official I files and records of the United States, information supplied to me by other law enforcement officers, as well as my investigation of this case, together with others, as a Special Agent of the HSI. I hereby verify and declare under penalty of perjury that the foregoing factual allegations are true and coITect to the best of my knowledge and belief. EXECUTED, on this 21 51 day of October, 2019. Catherina Birkeland Special Agent Homeland Security Investigations 5 Case 0:19-cv-62616 Document 1 Entered on FLSD Docket 10/21/2019 Page 5 of 5Case 0:19-cv-6261 -RKA ocu ent 12-1 Entered on FLSD Docket 01/20/2020 Page 9 of 15 JS 44 (Rev. 06/ 17) FLSD Revised 06/0 1/20 17 CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as prov1_d_ed_ by local_ rules of court. This form , approved by the Judicial Conference of the Un ited States in September 1974, is required for the use of the Clerk of Court for the purpose of 1mtiating the CIVIi docket sheet (SEE INSTRUCTIONS ON NEXT PAGE OF 1HIS FORM) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below. I. (a) PLAINTIFFS UNITED STATES OF AMERICA (b) County of Residence of First Listed Plaintiff (EXCEPT IN U. S. PLAINTIFF CASES) ( C) Attorneys (Firm Name, Address, and Telephone Number) DEFENDANTS 1984 Cessna 550 Citation II Jet Aircraft with Serial No. S550-0020 & Registration No. YV3325 County of Residence of First Listed Defendant NOTE: Attorneys (If Known) (IN U. S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. ( d) Check County Where Action Arose: D MIAMI- DADE D MONROE ¢ BROWARD D PALM BEACH D MART IN D ST. LUCIE D INDI AN RIVER D OKEECHOBEE D HIGHLANDS II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X " in One Box/or Plainti}J) 0 3 (For Diversity Cases Only) PTF and One Box for Defendant) PTF DEF lZJ I U.S. Govemment Plaintiff Federal Question (U.S. Government Not a Party) Citizen of This State D I DEF DI Incorporated or Principal Place D 4 D 4 of Business In This State D 2 U.S. Government Defendant 04 Diversity (Indicate Citizenship of Parties in Item Ill) Citizen of Another State 0 2 D 2 Incorporated and Principal Place of Business In Another State D 5 D 5 Citizen or Subject of a Foreign Country 0 3 D 3 Foreign Nation IV. NATURE OF SUIT (Place an "X " in One Box Only) Click here for: Nature of Suit Code Descriptions CONTRACT TORTS D 110 Insurance D 120 Marine D 130 Mi ller Act D 140 Negotiable Instrnment D 150 Recovery of Overpayment & Enforcement of Judgment D 15 I Medicare Act D 152 Recovery of Defaulted Student Loans (Exe I. Veterans) D 153 Recovery of Overpayment of Veteran's Benefits D 160 Stockholders ' Suits D 190 Other Contract D 195 Contract Product Liability D 196 Franchise REAL PROPERTY 0 2 10 Land Condemnation D 220 Foreclosure D 230 Rent Lease & Ejectment D 240 Torts to Land D 245 Tort Product Liability D 290 All Other Real Property PERSONAL INJURY D 3 10 Airplane D 315 Airplane Product Liability D 320 Assault, Libel & Slander D 330 Federal Employers' Liability D 340 Marine D 345 Marine Product Liability D 350 Motor Vehicle D 355 Motor Vehicle Product Liability D 360 Other Personal Inj ury D 362 Personal lnjmy - Med. Malpractice CIVIL RIGHTS D 440 Other Civil Rights 0 44 1 Voting D 442 Employment D !,~~:~':,"~d~!ions PERSONAL INJURY D 365 Personal Injmy - Product Liability D 367 Health Care/ Pharmaceutical Personal Injmy Product Liability D 368 Asbestos Personal lnjtuy Product Liability PERSONAL PROPERTY D 370 Other Fraud D 37 I Truth in Lending D 380 Other Personal Property Damage D 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: D 463 Alien Detainee D ~~~te~~tions to Vacate Other: D 445 Amer. w/Disabilities - D 530 General Employment D 446 Amer. w/Disabilities - Other D 448 Education D D D D 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee - D Conditions of Confinement FORFEITURE/PENALTY BANKRUPTCY D 625 Drug Related Seizure of Property 21 USC 881 ~ 690 Other LABOR D 710 Fair Labor Standards Act D 720 Labor/Mgmt. Relations D 740 Railway Labor Act D 751 Family and Medical Leave Act D 790 Other Labor Litigation D 79 1 Empt. Ret. Inc. Security Act IMMIGRATION D 462 Naturalization Application D 465 Other Immigration Actions 0 422 Appeal 28 USC 158 D 423 Withdrawal 28 USC 157 PROPERTY RIGHTS D 820 Copyrights D 830 Patent D 835 Patent - Abbreviated New Drug Application D 840 Trademark SOCIAL SECURITY 0 861 HIA(l395ff) D 862 Black Lung (923) 0 863 DIWC/DIWW (405(g)) 0 864 SSID Title XV I 0 865 RSI (405(g)) FEDERAL TAX SUITS D 870 Taxes (U .S. Plaintiff or Defendant) D t7slc ifos 9 - Third Party 26 D 6 D 6 OTHER STATUTES D 375 False Claims Act 0 376 Qui Tam (3I USC 3729 (a)) D 400 State Reapportionment D 410 Antitrust D 430 Banks and Banking D 450 Commerce D 460 Deportation D 4 70 Racketeer Influenced and Corrupt Organizations D 480 Consumer Credit 0 490 Cable/Sat TV D 850 Securities/Commodities/ Exchange D 890 Other Statutory Actions D 891 Agricultural Acts D 893 Envirorunental Matters D 895 Freedom of Information Act D 896 Arbitrat ion D 899 Administrative Procedure Act/Review or Appeal of Agency Decision D ~i~u~~nstitutionali ty of State V. ORIGIN ,tJ I Original Proceeding (Place an "X " in One Box Only) D 2 Removed D 3 Re-filed D from State (See VI Court below) 4 Reinstated or Reopened D 5 Transferred from another district (,pecify) D 6 Multidistrict Litigation Transfer D 7 Appeal to District Judge from Magistrate Jud ment D 8 Multidistrict 0 9 ~11\Si:!~!1 Remanded from Appellate Comt VI. RELATED/ RE-FILED CASE(S) (See instructions): a) Re -filed Case DYES ,ti NO JUDGE: AL TONA GA File b) Related Cases ..r:'J YES o NO DOCKET NUMBER: 19-60280CrCMA Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional st"tutes unless diversity) : VII. CAUSE OF ACTION 19 USC§ 1595a(a) Aiding unlawful importation contrary to laws of the United States LENGTH OF TRIAL via 3 days estimated (for both sides to try entire case) VIII. REQUESTED IN COMPLAINT: D CHECK IF THIS IS A CLASS ACTION DEMAND$ UNDER F.R.C.P. 23 ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST DATE October 21, 2019 FOR OFFICE USE ONLY RECEIPT # AMOUNT IFP JUDGE CHECK YES only if demanded in compla int: JURY DEMAND: D Yes £] No MAGJUDGE Case 0:19-cv-62616 Document 1-1 Entered on FLSD Docket 10/21/2019 Page 1 of 1Case 0:19-cv-62616-RKA Document 12-1 Ent red on FLS Docket 01/20/2020 Page 10 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. : UNITED STATES OF AMERICA, Plaintiff, vs. 1984 CESSNA 550 CITATION II JET AIRCRAFT WITH SERIAL NO. S550-0020 AND REGISTRATION NO. YV3325, Defendant In Rem. I ------------ - --- CIVIL COMPLAINT COVER SHEET 1. Did this matter originate from a matter pending in the Northern Region of the United States Attorney's Office prior to October 14, 2003? Yes X No 2. Did this matter originate from a matter pending in the Central Region of the United States Attorney's Office prior to September 1, 2007? Yes X No --- BY: Respectfully submitted, U.S. Attorney's Office 99 NE 4th Street, 7th Floor Miami, Florida 33132-2111 Telephone: (305) 961-9338 Facsimile: (305) 536-4089 Adrienne.Rosen@usdoj.gov Case 0:19-cv-62616 Document 1-2 Entered on FLSD Docket 10/21/2019 Page 1 of 1Case 0:19-cv-62616-RKA Document 1 -1 Ent red on FLS Docket 01/20/2020 Page 11 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: UNITED STA TES OF AMERICA, Plaintiff, vs. 1984 CESSNA 550 CITATION II JET AIRCRAFT WITH SERIAL NO. S550-0020 AND REGISTRATION NO. YV3325, Defendant In Rem. I ----------------- APPLICATION FOR WARRANT OF ARREST IN REM The United States of America, through the undersigned Assistant United States Attorney, respectfully requests that this Court issue the attached Warrant of Arrest in Rem pursuant to Rule G(3)(b(ii) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. In support of its application, the United States provides the following basis: 1. On October 21 , 2019, the United States filed a verified complaint for civil forfeiture in rem (the "Verified Complaint") in the above-referenced case. The Verified Complaint seeks the forfeiture of a 1984 Cessna 550 Citation II Jet Aircraft with serial number S550-0020 and registration number YV3325 (the "Defendant Aircraft"). 2. The Defendant Aircraft is not presently in the possession, custody or control of the United States and is not presently subject to any judicial restraining order. 3. Supplemental Rule G(3)(b)(ii) provides that if property is subject to forfeiture in a civil forfeiture case, and the property is not in the Government's possession, custody or control and is not subject to a judicial restraining order, the Court, on a finding of probable cause, must Case 0:19-cv-62616 Document 1-3 Entered on FLSD Docket 10/21/2019 Page 1 of 2Case 0:19-cv-62616-RKA Document 12-1 Ent red on FLS Docket 01/20/2020 Page 12 of 15 issue a warrant to arrest the property. 4. The facts supporting the finding of probable cause to believe that the Defendant Aircraft is subject to forfeiture are set forth in the Verified Complaint. WHEREFORE, the United States respectfully requests that this Court find that there is probable cause to believe the Defendant Aircraft is subject to forfeiture, and issue the proposed warrant of arrest in rem directing Homeland Security Investigations to seize the Defendant Aircraft. BY: Respectfully submitted, ARIANA FAJARDO ORSHAN UNITED STATES A RNEY U.S. Attorney's Office 99 NE 4th Street, 7th Floor Miami, Florida 33132-2111 Telephone: (305) 961-9338 Facsimile: (305) 536-4089 Adrienne.Rosen@usdoj.gov 2 Case 0:19-cv-62616 Document 1-3 Entered on FLSD Docket 10/21/2019 Page 2 of 2Case 0:19-cv-62616-RKA Document 12-1 Ent red on FLS Docket 01/20/2020 Page 13 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: UNITED STATES OF AMERICA, Plaintiff, vs. 1984 CESSNA 550 CITATION II JET AIRCRAFT WITH SERIAL NO. S550-0020 AND REGISTRATION NO. YV3325, Defendant In Rem. I ------ ------ - ---- WARRANT OF ARREST IN REM TO: HOMELAND SECURITY INVESTIGATIONS OR ANY OTHER AUTHORIZED FEDERAL LAW ENFORCEMENT OFFICER WHEREAS, on October 21 , 2019 the United States of America filed a Verified Complaint for Forfeiture in Rem against the above-captioned defendant property (the "Defendant Aircraft"); and WHEREAS, according to the Verified Complaint, the Defendant Aircraft is not in the government's possession, custody or control, and is not subject to a judicial restraining order; and WHEREAS, Supplemental Rule G(3)(b )(ii) provides that "the court-on finding probable cause- must issue a warrant to arrest the property if it is not in the government's possession, custody, or control and is not subject to a judicial restraining order." NOW THEREFORE, you are hereby commanded to take the Defendant Aircraft into your possession for safe custody. If the character or situation of the property is such that the taking of actual possession is impracticable, you shall execute this process by affixing a copy thereof to the property in a conspicuous place and by leaving a copy of the Complaint and process with the Case 0:19-cv-62616 Document 1-4 Entered on FLSD Docket 10/21/2019 Page 1 of 2Case 0:19-cv-62616-RKA Document 12-1 Ent red on FLS Docket 01/20/2020 Page 14 of 15 person having possession or his agent. YOU ARE FURTHER commanded to cite and admonish the owner and/or possessor of the Defendant property and any person or firm known to claim any interest therein, to file , no later than 35 days from the date notice was sent, a Verified Claim in accordance with Rule G(5), of the Supplemental Rules for Certain Admiralty and Maritime Claims; to therewith or within twenty (20) days thereafter file an Answer or other responsive pleading to the Complaint, a copy of which Complaint you shall supply with this Warrant; to file the Claim and Answer or other responsive pleading with the Clerk of the Court, United States District Court, 400 North Miami Avenue, Florida 33128 and to send a copy of said Claim, Answer or responsive pleading, to Adrienne Rosen, Assistant United States Attorney 99 N.E. 4th Street, Miami, Florida 33132; the Claim must identify the specific property claimed, identify the claimant and state the claimant's interest in the property and be signed by the claimant under penalty of perjury, and that upon the failure of the owner, possessor or any party claiming an interest in the Defendant property to comply with Supplemental Rule G, the Defendant property may be forfeited to the United States by default and without further notice or hearing. AND YOU ARE FURTHER commanded to make due and prompt return of this Warrant to this Court upon its execution. DATED: BY: ---- THE HONORABLE UNITED STATES DISTRICT JUDGE cc: AUSA Adrienne Rosen (2 certified copies) 2 Case 0:19-cv-62616 Document 1-4 Entered on FLSD Docket 10/21/2019 Page 2 of 2Case 0:19-cv-62616-RKA Document 12-1 Ent red on FLS Docket 01/20/2020 Page 15 of 15
