Verified Complaint for Forfeiture In Rem — United States v. One 1998 Range Rover (S.D. Fla., Dkt. 1)

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A verified complaint for forfeiture in rem in United States of America v. One 1998 Range Rover, Case No. 1:02-cv-22095, in the U.S. District Court for the Southern District of Florida, entered on the docket July 19, 2002 (Doc. 1). The government seeks forfeiture of the defendant vehicle under 21 U.S.C. § 881(a)(4), as amended by the Civil Asset Forfeiture Reform Act of 2000. The statement of probable cause alleges that William Perez met a confidential source to discuss the purchase of cocaine, and that on January 25, 2002, Perez and Dayanara de la Cruz were arrested after Perez took possession of a bag containing cocaine. It alleges that title to the Range Rover is in the name of Dayanara de la Cruz, and the verification names Edward Reed, Special Agent for the Drug Enforcement Administration.

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Case 1:02-cv-22095-JAL Document1 Entered on FLSD Docket 07/19/2002 Page 1 of5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO.

UNITED STATES OF AMERICA

Plaintiff,

VS.

ONE 1998 RANGE ROVER,
VEHICLE I.D. NO. SALPV144XWA398879,

Defendant.
/

VERIFIED COMPLAINT FOR FORFEITURE IN REM

Plaintiff, United States of America, by and through its undersigned United States Attorney
for the Southern District of Florida, sues the Defendant and alleges as follows:

1. This is a civil forfeiture action in rem over which this Court has subject matter
jurisdiction pursuant to Title 28, United States Code, Sections 1345, 1355 and 2461.

2. This Court has jurisdiction and venue over this action pursuant to 28 U.S.C. §§ 1345,
1355(a), (b)(1) and 1395 in that the defendant vehicle was seized in the Southern District of Florida
and will remain within the District during the pendency of this action.

3. The defendant vehicle bears Vehicle I.D. No. SALPV144XWA398879 and Florida
License No. BIGPIPN.

4. The United States of America seeks the forfeiture of the defendant pursuant to Title
Case 1:02-cv-22095-JAL Document1 Entered on FLSD Docket 07/19/2002 Page 2 of 5

21, United States Code, Section 881(a)(4), as amended by the Civil Asset Forfeiture Reform Act of
2000. Title 21, United States Code, Section 881(a)(4) provides for forfeiture of all conveyances,
including aircraft, vehicles, or vessels which are used or are intended for use, to transport or in any
manner to facilitate the transportation, sale, receipt, possession or concealment of controlled
substances which have been distributed or acquired in violation of the Controlled Substances Act,
21 U.S.C. § 801 et seq.
STATEMENT OF PROBABLE CAUSE

5. On or about November 20, 2001, William Perez (hereafter Perez) met with a
confidential source to discuss the purchase and distribution of cocaine. Perez arrived at the meeting
in a silver Range Rover bearing Florida License Tag “BIGPIPN” (hereafter the Range Rover).

6. On January 4, 2002, Perez met with the confidential source. Perez drove the Range
Rover to the meeting. During this meeting the confidential source and Perez discussed the
purchase/sale of cocaine and the confidential source showed Perez five kilograms of sham cocaine.

7. On January 25, 2002, Perez agreed to meet with the confidential source to pick up
five kilograms of cocaine. Perez and his wife, Dayanara de la Cruz (hereafter de la Cruz), met with
the confidential source at 8695 N.W. 13" Terrace, Miami, Fl. Perez and de la Cruz arrived at the
meeting in the Range Rover. Perez exited the Range Rover and met with the confidential source
while de la Cruz stayed in the Range Rover. Perez took possession of the bag containing the cocaine
and returned to the Range Rover. Perez gave the bag containing the cocaine to de la Cruz who placed
the bag on the back seat of the Range Rover. As agents approached the Range Rover to make the
arrest, they observed de la Cruz reach to the back seat, grab the bag with the cocaine, open the
passenger door and throw the bag out of the Range Rover. Perez and de la Cruz were arrested.

8. Perez and de la Cruz were indicted in the Southern District of Florida on February
Case 1:02-cv-22095-JAL Document1 Entered on FLSD Docket 07/19/2002 Page 3 of 5

7, 2002. Perez and de la Cruz were charged with conspiracy to possess with intent to distribute and
with possession with intent to distribute five kilograms or more of a mixture and substance
containing a detectable amount of cocaine in violation of 21 U.S.C. § 841(a)(1). The case is pending.
See, United States v. William Perez and Dayanara de la Cruz; 0220094-Cr-King.

9. Title to the Range Rover is in the name of Dayanara de la Cruz.

10. Based upon the foregoing, the defendant property was used to facilitate Perez and de
la Cruz’s unlawful drug activity and is therefore subject to forfeiture to the United States of America
pursuant to 21 U.S.C. § 881(a)(4), as amended by the Civil Asset Forfeiture Reform Act of 2000.

WHEREFORE, Plaintiff, United States of America, requests the Court to declare the
defendant property condemned and forfeit to the United States of America, pursuant to 21 U.S.C.
§ 881(a)(4), as amended by the Civil Asset Forfeiture Reform Act of 2000, and further requests the
Court to direct any and all persons having any claim to the defendant property to file and serve their
verified claims and answers as required by 18 U.S.C. § 983(a)(4) and the Supplemental Rules for
Certain Admiralty and Maritime Claims, or suffer default thereof, together with such other and
further relief as may be just and proper.

Respectfully submitted,

THS ATTORNEY

BY:

MICHELLE B. ALVAREZ

ASSISTANT UNITED STATES ATTORNEY
Fla. Bar No. 615617

99 N.E. Fourth Street

Miami, Florida 33132

Tel.: (305) 961-9088

Fax: (305) 536-7599

Dated: July I x002.
Case 1:02-cv-22095-JAL Document1 Entered on FLSD Docket 07/19/2002 Page 4 of 5

VERIFICATION
I, Edward Reed, Special Agent for the Drug Enforcement Administration, declare under
penalty of perjury as provided by Title 28, United States Code, Section 1746, that the foregoing
Complaint for Forfeiture in rem is based upon information known and or imparted to me, and that

the facts alleged therein are true and correct to the best of my knowledge and belief.

Date: 7-/8-02 VA,

EDW. -Special Agent
DRUG ENFORCEMENT ADMINISTRATION


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