Charles Clarke Forfeiture Case

Case: 2:14-cv-00125-WOB-JGW Doc #: 1-2 Filed: 07/02/14 Page: 1 of 4 - Page ID#: 5
Case:
JS 44 (Rev.
3/99)
2:14-cv-00125-WOB-JGW
Doc #:
1-3 Filed:
07/02/14 Page: 1 of 2 - Page ID#: 9
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
asrequired by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974,
isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF
THEFORM.)
I. (a) PLAINTIFFS
DEFENDANTS
United States of America
$11,000.00 in United States Currency

Boone
County of Residence of First Listed
(IN U.S. PLAINTIFF CASES ONLY)
(b) County of Residence of First Listed Plaintiff

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED.
(c)
Attorneys (If Known)
Attorney's (Name, Address, and Telephone Number)
David Y. Olinger, Jr., Assistant U.S. Attorney

260 West Vine Street, Suite 300
Lexington KY 40507
(859) 685-4896
II. BASIS OF JURISDICTION
(Place an "X" in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for

(For Diversity Cases Only)
and One Box for Defendant)

PTF DEF
DEF
1 U. S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
Citizen of This State
Incorporated or Principal Place

of Business In This State
2 U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties
in Item III)
Citizen of Another State
Incorporated and Principal

of Business In Another State
Citizen or Subject of a
Foreign Country
Foreign Nation
(Place an "X" in One Box Only)
IV. NATURE OF SUIT

CONTRACT
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of
Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal Injury
REAL PROPERTY
CIVIL RIGHTS
441 Voting
210 Land Condemnation
442 Employment
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
V. ORIGIN
1 Original
Proceeding
443 Housing/
Accommodations
444 Welfare
440 Other Civil
Rights
FORFEITURE/PENALTY
PERSONAL INJURY
362 Personal InjuryMed. Malpractice
365 Personal Injury-Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONERPETITIONS
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck
650 Airline Regs.
660 Occupational
Safety/Health
690 Other
LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
730 Labor/Mgmt.Reporting
& Disclosure Act
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
740 Railway Labor Act

790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act
870 Taxes (U.S. Plaintiff

or Defendant)
871 IRS--Third Party
26 USC 7609
(PLACE AN "X" IN ONE BOX ONLY)

Removed from
2
State Court
VI. CAUSE OF ACTION
Remanded
3
fromAppellate Court
4 Reinstated or
Reopened
Transferred from
5 another district
(specify)
6 Multidistrict
Litigation
OTHER STATUTES
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce/ICC Rates/etc.
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
12 USC 3410
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of
Information Act
900Appeal of Fee
Determination
Under Equal Access to
Justice
950 Constitutionality of
State Statutes
890 Other Statutory Actions
Appeal to District
Judge from
7 Magistrate
Judgment
(Cite the U.S. Civil Statute under which you are filing and write brief statement of cause.
Do not cite jurisdictional statutes unless diversity.)
Forfeiture of currency used to facilitate: drug trafficking 21 USC 881(a)(6)
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE
CHECK YES only if demanded in complaint:
CHECK IF THIS IS A CLASS ACTION DEMAND

UNDER F.R.C.P. 23
(See
instructions):
JURY DEMAND:
DOCKETNUMBER
JUDGE
SIGNATURE OF ATTORNEY OF RECORD
07/02/2014
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
Yes
No

JS 44 Reverse (Rev. 12/96)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44

Authority For Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers
asrequired by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974,
isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the
Clerkof Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency,
I.
use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
?
(b.) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff
residesat the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE:
In landcondemnation cases, the county of residence of the ??defendant??
is the location of the tract of land involved.)
?
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section ??(see attachment)??.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an
II.
"X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States, are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
tothe Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code
takesprecedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark
III.
this section for each principal party.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV below,
IV.
is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one
nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When
the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When
this box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Cancel
Go
Case: 2:14-cv-00125-WOB-JGW Doc #: 1 Filed: 07/02/14 Page: 1 of 3 - Page ID#: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
COVINGTON
CIVIL ACTION NO. 14-_______________
ELECTRONICALLY FILED
UNITED STATES OF AMERICA
VS.
PLAINTIFF
VERIFIED COMPLAINT FOR FORFEITURE IN REM
$11,000.00 IN UNITED STATES CURRENCY
DEFENDANT
* * * **
Now comes the plaintiff, United States of America, by and through counsel, David
Y. Olinger, Jr., Assistant United States Attorney for the Eastern District of Kentucky, and
brings this complaint and alleges as follows in accordance with Supplemental Rule G(2)
of the Federal Rules of Civil Procedure:
NATURE OF THE ACTION
1.
This is a civil action in rem brought to enforce the provisions of 21 U.S.C.
881(a)(6) for the forfeiture of property which represents proceeds and facilitation of
violations of 21 U.S.C. 841(a)(1).
THE DEFENDANT IN REM
2.
The Defendant currency was seized from Charles L. Clarke II during an
interdiction at the Cincinnati/Northern Kentucky International Airport, Hebron,

Kentucky. The property is in the custody of the United States Marshals Service in
Eastern District of Kentucky.
JURISDICTION AND VENUE

3.
This Court has jurisdiction over this matter by virtue of 28 U.S.C. 1345
and 1355.
4.
This Court has in rem jurisdiction over the defendant property under 28
U.S.C. 1355. Upon the filing of the Complaint, the Plaintiff requests that the Clerk of
the Court issue an arrest warrant in rem pursuant to Supplemental Rule G(3)(b)(i), which
the Plaintiff will execute upon the property pursuant to 28 U.S.C. 1355(d) and
Supplemental Rule G(3)(c).
5.
Venue is proper in this district pursuant to 28 U.S.C. 1395(a) and (c)
because the property was seized in this district.

BASIS FOR FORFEITURE
6.
The Defendant currency was furnished or intended to be furnished in
exchange for controlled substances, was proceeds traceable to such an exchange, or was
intended to be used to facilitate the illegal sale of narcotics and is, therefore, subject to
forfeiture to the United States of America pursuant to 21 U.S.C. 881(a)(6).
7.
The facts and circumstances supporting the seizure and forfeiture of the
Defendant property are set forth in the affidavit of Task Force Officer William T. Conrad
which is attached hereto and incorporated herein by reference.
WHEREFORE, the United States of America prays that a Warrant of Arrest In
Rem be issued; that due notice be given to all parties to appear and show cause why the
2
forfeiture should not be decreed; that judgment be entered declaring the defendant
currency be condemned and forfeited to the United States of America for disposition
according to law; and that the United States of America be granted such other relief as
this Court may deem just and proper, together with the costs and disbursements of this
action.
KERRY B. HARVEY
UNITED STATES ATTORNEY
By:
s/ David Y. Olinger, Jr.

Assistant United States Attorney
260 West Vine Street, Suite 300
Lexington KY 40507
(859) 685-4896
fax: (859) 233-2658
e-mail: [email protected]

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Case: 2:14-cv-00125-WOB-JGW Doc #: 1-2 Filed: 07/02/14 Page: 1 of 4 - Page ID#: 5

Case: 2:14-cv-00125-WOB-JGW Doc #: 1-2 Filed: 07/02/14 Page: 2 of 4 - Page ID#: 6

Case: 2:14-cv-00125-WOB-JGW Doc #: 1-2 Filed: 07/02/14 Page: 3 of 4 - Page ID#: 7

Case: 2:14-cv-00125-WOB-JGW Doc #: 1-2 Filed: 07/02/14 Page: 4 of 4 - Page ID#: 8

United States of America

$11,000.00 in United States Currency

(b) County of Residence of First Listed Plaintiff

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

Attorneys (If Known)

Attorney's (Name, Address, and Telephone Number)

David Y. Olinger, Jr., Assistant U.S. Attorney

II. BASIS OF JURISDICTION

(Place an "X" in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for

and One Box for Defendant)

Citizen of This State

Incorporated or Principal Place

Citizen of Another State

Incorporated and Principal

(Place an "X" in One Box Only)

IV. NATURE OF SUIT

210 Land Condemnation

FEDERAL TAX SUITS

740 Railway Labor Act

870 Taxes (U.S. Plaintiff

(PLACE AN "X" IN ONE BOX ONLY)

VI. CAUSE OF ACTION

Forfeiture of currency used to facilitate: drug trafficking 21 USC 881(a)(6)

CHECK YES only if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION DEMAND

Case: 2:14-cv-00125-WOB-JGW Doc #: 1-3 Filed: 07/02/14 Page: 2 of 2 - Page ID#: 10

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44

Origin. Place an "X" in one of the seven boxes.

Case: 2:14-cv-00125-WOB-JGW Doc #: 1 Filed: 07/02/14 Page: 1 of 3 - Page ID#: 1

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA

VERIFIED COMPLAINT FOR FORFEITURE IN REM

$11,000.00 IN UNITED STATES CURRENCY

This is a civil action in rem brought to enforce the provisions of 21 U.S.C.

The Defendant currency was seized from Charles L. Clarke II during an

interdiction at the Cincinnati/Northern Kentucky International Airport, Hebron,

Case: 2:14-cv-00125-WOB-JGW Doc #: 1 Filed: 07/02/14 Page: 2 of 3 - Page ID#: 2

JURISDICTION AND VENUE

Venue is proper in this district pursuant to 28 U.S.C. 1395(a) and (c)

because the property was seized in this district.

The Defendant currency was furnished or intended to be furnished in

Case: 2:14-cv-00125-WOB-JGW Doc #: 1 Filed: 07/02/14 Page: 3 of 3 - Page ID#: 3

s/ David Y. Olinger, Jr.

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