United States' Unopposed Motion to Extend Time to File a Civil Forfeiture Complaint in Rem (S.D. Fla., Dkt. 1)

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An Unopposed Motion to Extend Time in Which to File a Civil Forfeiture Complaint in Rem, In re: Seizure of One (1) 2006 Sea Ray 480 Sundancer Vessel, Case No. 0:19-mc-62825-UNA, in the U.S. District Court for the Southern District of Florida, Document 1, entered on the docket November 13, 2019. The United States states that Homeland Security Investigations seized the vessel on October 18, 2017 and that Claimant Samuel D. Dalembert filed claims with FP&F. It states that the filing deadline under 18 U.S.C. § 983(a)(3)(A) is November 12, 2019, and that the Government and the claimant's counsel Rachel Mech agreed to a one (1)-week extension. It asks that the deadline be extended to no later than November 20, 2019. It is signed s/Daren Grove.

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Case 0:19-mc-62825-UNA Document 1 Entered on FLSD Docket 11/13/2019 Page 1 of 4




                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA

                                   Case No. __________________

  IN RE: SEIZURE OF:

  ONE (1) 2006 SEA RAY 480 SUNDANCER VESSEL
  WITH INVENTORY (HIN: SERP6877C606)
  (VESSEL REG. NO. FL1268NG)
  ________________________________________________ /

                UNITED STATES= UNOPPOSED MOTION TO EXTEND TIME
              IN WHICH TO FILE A CIVIL FORFEITURE COMPLAINT IN REM

         THE UNITED STATES OF AMERICA (hereinafter, the “United States” or the

  “Government”) through its undersigned Assistant United States Attorney files this Unopposed

  Motion to Extend the Time in which to File a Civil Forfeiture Complaint in Rem and in support of

  its motion says the following:

         1.      On October 18, 2017, the Department of Homeland Security, Homeland Security

  Investigations (“HSI”) seized, pursuant to 8 U.S.C. § 1324(b), the following: One (1) 2006 Sea

  Ray 480 Sundancer Vessel with Inventory (HIN: SERP6877C606)(Vessel Reg. No.

  FL1268NG)(hereinafter, the “Vessel”).

         2.      The Fines, Penalties and Forfeiture (“FP&F”), U.S. Customs and Border

  Protection, assigned FP&F Case No. 2018-5201-000015-01 to the Vessel, initiated non-judicial

  civil forfeiture proceedings, published and sent direct written notices of the seizure and forfeiture

  to potential claimants in accordance with 18 U.S.C. § 983(a)(1)(A).

         3.      On or about December 22, 2017, Claimant Samuel D. Dalembert, through counsel,

  filed a claim to the Vessel with FP&F, which FP&F denied.

         4.      On or about March 28, 2019, Claimant Samuel D. Dalembert, through counsel,

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Case 0:19-mc-62825-UNA Document 1 Entered on FLSD Docket 11/13/2019 Page 2 of 4




  filed a supplemental claim to the Vessel with FP&F, which FP&F denied.

            5.     On or about August 14, 2019, Claimant Samuel D. Dalembert, through counsel,

  requested that FP&F refer his claim to the Vessel to the U.S. Attorney’s Office for the Southern

  District of Florida for consideration.

            6.     The time has expired for any person to file a claim to the Vessel under 18 U.S.C. §

  983(a)(2)(A)-(E). No other person has filed a claim to the Vessel as required by law in the non-

  judicial civil forfeiture proceeding.

            7.     On or about September 9, 2019, Claimant Samuel D. Dalembert, through counsel,

  filed a civil Complaint [ECF No. 1] in the Southern District of Florida in the matter of Samuel

  Dalembert vs. United States of America, 19-CV-62250-Bloom (hereinafter, the “Civil Action”), in

  which he seeks release of the Vessel to his custody.

            8.     Pursuant to 18 U.S.C. ' 983(a)(3)(A), the government is required to file a civil

  forfeiture complaint in rem no later than ninety (90) days after a claim has been filed or if no

  complaint is filed, to release the property. The statute also provides that the Court may extend the

  time for good cause shown or by agreement of the parties. 1

            9.     The deadline for filing a civil forfeiture complaint in rem in this matter is currently

  no later than November 12, 2019.


  1
      18 USC 983(a)(3)(A) reads:

            Not later than 90 days after a claim has been filed, the Government shall file a
            complaint      for forfeiture in the matter set forth in the Supplemental Rules for
            Certain Admiralty and Maritime Claims or return the property pending the filing of
            a complaint, except that a court in the district in which the complaint will be filed
            may extend the period for filing a complaint for good cause shown or upon
            agreement of the parties. (emphasis added).


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Case 0:19-mc-62825-UNA Document 1 Entered on FLSD Docket 11/13/2019 Page 3 of 4




          10.        On November 12, 2019, the Government and the Claimant Samuel D. Dalembert’s

  counsel, Rachel Mech, Esquire, agreed by telephone that a one (1)-week extension of time in which

  the Government may file a civil forfeiture complaint in rem in this matter is beneficial to the parties

  as it permits them additional time in which to discuss resolution of the matter without the need for

  judicial action.

          11.        Therefore, pursuant to 18 U.S.C. ' 983(a)(3)(A), upon agreement of the parties, the

  United States respectfully requests an extension of time in which the Government may file a civil

  forfeiture complaint in rem in this matter to no later than November 20, 2019.

          WHEREFORE, for the foregoing reason, the United States requests that the Court enter its

  proposed order extending the time in which the Government may file a civil forfeiture complaint

  in rem in this matter to no later than November 20, 2019.

                                                   Respectfully submitted,

                                                   ARIANA FAJARDO ORSHAN
                                                   UNITED STATES ATTORNEY

                                           By:     s/Daren Grove
                                                   _____________________________________
                                                   Daren Grove (Court No. A5501243)
                                                   Assistant United States Attorney
                                                   E-mail: daren.grove@usdoj.gov
                                                   500 E. Broward Boulevard, Suite 812
                                                   Fort Lauderdale, Florida 33394
                                                   Telephone: 954.660.5774
                                                   Facsimile: 954.356.7180




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Case 0:19-mc-62825-UNA Document 1 Entered on FLSD Docket 11/13/2019 Page 4 of 4




                                CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that a true and correct copy of the foregoing was emailed on

  November 13, 2019, to the following:

                Rachel Mech, Esquire
                Offit Kurman, P.A.
                300 E. Lombard Street, Suite 2010
                Baltimore, Maryland 21202
                Tel: 410-409-5907
                Email: rmech@offitkurman.com

                                            s/Daren Grove
                                            __________________________________________
                                            Daren Grove
                                            Assistant United States Attorney




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