Verified Complaint for Forfeiture in Rem — United States v. One Silver 2001 BMW 330CI (S.D. Fla., Dkt. 1)

Summary

Verified Complaint for Forfeiture In Rem filed by the United States against a silver 2001 BMW 330CI, a condominium unit, a gold "Daytona" Rolex watch and $11,520.00 in U.S. currency, Case 0:04-cv-60719-KAM, Document 1, entered on the docket June 2, 2004, in the U.S. District Court for the Southern District of Florida. The complaint states that the property is forfeitable under 21 U.S.C. §§881(a)(6) and 881(a)(4) and alleges that all of it is owned by Coy Caldwell. It alleges that on 05-07-2004 a controlled call and meeting involved the purchase of two ounces of Crystal Methamphetamine for $4,000.00, that a total of 65 grams was seized, and that a search of the residence found additional methamphetamine, the currency and the watch. The verification is by Jeffrey Brull, Special Agent for the Drug Enforcement Administration.

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Case 0:04-cv-60719-KAM Document1 Entered on FLSD Docket 06/02/2004 Page 1 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.

UNITED STATES OF AMERICA

Plaintiff {) Gx 6.
1) ONE SILVER 2001 BMW 330CI, CIY-HARR A orsareten 8 es
TWO DOOR COUPE, eos
VIN # WBABNS3491JU30723

2) ONE CONDOMINIUM
UNIT NO. 10C, OF EMBASSY TOWER,
2701 NORTH OCEAN BLVD. #10C, 3
FORT LAUDERDALE, FLORIDA, 33308
OWNER: COY CALDWELL

3) ONE GOLD “DAYTONA” ROLEX WATCH, AND

4) $11,520.00 in U.S. CURRENCY

Defendants.
/

VERIFIED COMPLAINT FOR FORFEITURE IN REM

The United States files this Verified Complaint for Forfeiture In Rem and in support alleges that:
1) This is a civil action for forfeiture In Rem against One Silver 2001 Bmw 330ci,
Two Door Coupe, Vin # WBABNS53491JU30723; One Condominium Unit No. 10C, of Embassy
Tower, 2701 North Ocean Blvd. #10C, Fort Lauderdale, Florida, 33308, One Gold “Daytona” Rolex
Watch, and $11,520.00 U.S. currency,
2) This Court has jurisdiction over this matter pursuant to Title 28 U.S.C. §1345 and

1355.

A
Case 0:04-cv-60719-KAM Document1 Entered on FLSD Docket 06/02/2004 Page 2 of 7

3) This Court has venue over the defendant property pursuant to Title 28 U.S.C.
§1395(a) and (b).

4) The defendant property is forfeitable pursuant to Title 21 U.S.C. §§881(a)(6)
as narcotics proceeds, moneys, negotiable instruments, securities, or other things of value furnished
or intended to be furnished by any person in exchange for controlled substance or listed chemical
in violation 21 U.S.C. §801 et seq., and all proceeds traceable to such an exchange, and all moneys,
negotiable instruments, and securities used or intended to be used to facilitate any violation of 21
U.S.C. §801 et seq. Additionally, defendant property no. 1 is forfeitable © pursuant to 21 U.S.C.
$88 1(a)(4) as it facilitated cat s narcotics business. « —

5) All are owned by an individual known as COY CALDWELL. Caldwell is known to
Law Enforcement to be a Distributor of Methamphetamine in the Fort Lauderdale area since
approximately the year 2000. Caldwell has no known legitimate source of income.

6) On 05-07-2004, Law Enforcement Agents met with a CS to conduct
controlled/monitored taped telephone call to Coy Caldwell at telephone cell number (954)336-
6383 in reference to the purchase of two ounces of Crystal Methamphetamine from Caldwell for
$4,000.00.

7) Caldwell advised the CS that he (Caldwell) was back in Fort Lauderdale at his
residence located at 2701 N. Ocean Blvd., #10C, Fort Lauderdale, Florida. The CS asked Caldwell,
If he would be able to meet him twice for lunch. This was Caldwell’s terminology for two ounces
of crystal Methamphetamine to be delivered. Caldwell agreed that he was willing to meet the CS

in Fort Lauderdale to complete the transaction.
Case 0:04-cv-60719-KAM Document1 Entered on FLSD Docket 06/02/2004 Page 3 of 7

8) Later that day Law Enforcement Agents established surveillance on Caldwell’s
residence.

9) The CS conducted a controlled/monitored and taped telephone call to Caldwell.
The CS advised Caldwell that he/she would be able to meet Caldwell at the Walgreens Drug Store
located at, One West Sunrise Blvd, and Fort Lauderdale, Florida. Caldwell agreed and the CS
advised CALDWELL that he/she would call again when he/she gets close to Walgreens. Caldwell
advised that he was ready to complete the deal.

10) Later on that day Law Enforcement observed Caldwell exit the parking garage of his
residence in his silver, 2001, BMW. Caldwell was followed by Law Enforcement Agents until
Caldwell was temporarily lost in heavy traffic due to Caldwell’s erratic driving pattern.
Subsequently, agents and Caldwell simultaneously arrived at the Walgreens parking lot at
approximately 4:36 P.M.

10) Caldwell was observed entering the Walgreens Parking lot. . Caldwell exited from
his vehicle and approached the CS vehicle. As Caldwell walked to the CS vehicle, Law
Enforcement observed Caldwell adjusting a bulge in his left side pants pocket. Caldwell entered into
the CS Vehicle on the passenger side. A conversation ensued between the CS and Caldwell in
reference to the Methamphetamine at which time the CS gave both a verbal and visual signal that
the Methamphetamine was present.

11) The CS exited the vehicle at which time Agents moved in to arrest Caldwell. Law
Enforcement Agents approached the passenger side of the CS vehicle and took Caldwell into
custody. Law Enforcement patted Caldwell’s pants pocket and then removed two individually

packaged, brown paper envelopes, wrapped with a rubber band. Law Enforcement opened these
Case 0:04-cv-60719-KAM Document1 Entered on FLSD Docket 06/02/2004 Page 4 of 7

two envelopes and found one clear plastic baggie, in each envelope (Total two) containing Crystal
Methamphetamine inside. A total of 65 grams of Methamphetamine were seized.

12) — Following his arrest, Caldwell was read his Miranda Rights, refused to cooperate and
indicated he would be out on bond that night. Caldwell further refused consent for agents to search
his residence for additional methamphetamine. Caldwell provided his home address as 2701 N.
Ocean Blvd, Unit 10C, and Fort Lauderdale, Florida. This address is also listed on CALDWELL’s
Florida Drivers License. While in custody, Caldwell advised that he had no means of employment.

13) On May 7, 2004 TFO Brull directed Wilton Manors Police Officer Oscar Gonzalez
and his certified narcotics trained K-9 Rocky to the public walk way in front of CALDWELL’s
residence located at 2701 N. Ocean Blvd, Unit 10C, and Fort Lauderdale, Florida. While at this
location, Officer Gonzalez deployed K-9 Rocky who conducted a sniff along several unit front
doors, located on the tenth floor. From the public area, K-9 Rocky then tracked to unit 10C where
K-9 Rocky alerted to the presence of a narcotics odor emitting from within.

14) | Asearch Warrant for Caldwell’s residence was applied for and granted by the
Honorable Judge Sheldon Schapiro on and executed several hours later. Inside Caldwell’s residence
Law Enforcement found and seized an additional 5 grams of Methamphetamine, Marijuana, two
digital scales, rubber gloves and packaging material used in the distribution of narcotics.
Additionally $11,520.00 in U.S. Currency was found next to the Methamphetamine and gloves. The
currency was bound in rubber bands which consisted mostly of $1,000.00 increments.

15) | A Rolex “Daytona” watch was also found and seized from Caldwell’s residence.

16) On May 7", 2004, the BMW was used by Caldwell to transport Methamphetamine

from Caldwell’s residence to the meeting.
Case 0:04-cv-60719-KAM Document1 Entered on FLSD Docket 06/02/2004 Page 5 of 7

17) OnMay 7", 2004, Coy Caldwell was arrested for Trafficking in Methamphetamine

per Florida State Statute F.S.S. 893.135. Caldwell is a defendant in the case of State of Florida v.

Coy Caldwell, Court Case # 047583CFI10A. A copy of the information is attached.

18) On March 5", 2002, the condominium unit was purchased by Caldwell for

$210,000.00, with a mortgage lien for $168,000.00, which was fully satisfied on April 29", 2004.

Caldwell has been distributing Methamphetamine since at least 2001 and has no legitimate means

of income to support the purchase of the defendant properties.

WHEREFORE, the United States of America request that process in due of law

according to the procedures of the Court in cases of actions in rem in accordance with provisions

of Rule C (3), Supplemental Rules of Certain Admiralty and Maritime Claims issue against the

defendant property, and that any person or persons having any interest therein be cited and directed

to appear herein and answer this complaint, and that this Court decree the condemnation and

forfeiture of the defendant property to the United States and that plaintiff have such other and

further relief as may be just and proper.

BY:

Respectively submitted,

T ATES ATTORNEY

WILLIAM H. BECKERLEG, JR.
ASSISTANT U.S. ATTORNEY
Fla Bar No. A5500074

500 E. Broward Blvd., Suite 700
Ft. Lauderdale, Florida 33394
Tel: (954) 356-7314 ext. 3614
Fax: (954) 356-7180

MARCQS DANIEL JIMENEZ
UNI
Case 0:04-cv-60719-KAM Document1 Entered on FLSD Docket 06/02/2004 Page 6 of 7

VERIFICATION

Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury that, I , Jeffrey Brull, Special
Agent for the Drug Enforcement Administration, have read to foregoing Complaint for Forfeiture

In Rem and state that the contents are true to the best of my knowledge and belief.

; EBOENT JEFFREY BRULL
SPECIAL‘AGENT
DRUG ENFORCEMENT ADMINISTRATION


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