Complaint for Forfeiture In Rem — United States v. One Parcel of Real Estate (S.D. Fla. 9:02-cv-80199)

Summary

A Complaint for Forfeiture In Rem, Document 1, entered on the docket 03/07/2002, in United States of America v. One Parcel of Real Estate, Case No. 02-80199, Southern District of Florida. It seeks forfeiture of a parcel of real estate in Palm Beach County under 21 U.S.C. § 881(a)(7), alleging it was used for a conspiracy to manufacture and possess marijuana with intent to distribute. It says a search warrant at the property found approximately twenty (20) pounds of hydroponically grown marijuana and about $63,000 in currency in the master bedroom. It states that Arnold Baker pled guilty and, with Arlene Baker, signed consents to forfeiture. A verification is signed by Special Agent Michael Desztich of the U.S. Customs Service.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors. Page 8 of 8 is not shown because the text could not be recognized reliably.

Case 9:02-cv-80199-DTKH Document1 Entered on FLSD Docket 03/07/2002 Page 1 of 8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO: 02-80199

UNITED STATES OF AMERICA cRANK I LYNCH, Me
Plaintiff, UNITED STATES MAGISTRATE JY

ONE PARCEL OF REAL ESTATE
LOCATED AT 16659 118TH S ;
TERRACE NORTH, JUPITER, PALM ~. on

BEACH COUNTY, INCLUDING THE Sine. ~.
APPURTENANCES THERETO AND ae a
THE IMPROVEMENTS THEREON, ee iT

/ ie

COMPLAINT FOR FORFEITURE IN REM

Plaintiff, United States of America, files this civil action
for forfeiture in rem of the defendant and alleges as follows:

1. This is a civil action for forfeiture in rem of one
parcel of real estate located in the Southern District of Florida
in Palm Beach County. Jurisdiction is vested in this Court
pursuant to Title 28, United States Code, Sections 1345, 1355, and
2461.

2. The Court has venue pursuant to Title 28, United States

Code, Section 1395, in that the defendant property is located

within the Southern District of Florida. During the pendency of
Case 9:02-cv-80199-DTKH Document1 Entered on FLSD Docket 03/07/2002 Page 2 of 8

these proceedings, the defendant property will remain within the
Southern District of Florida and the jurisdiction of this Court.

3. The defendant property has not been seized, as provided
for in 18 U.S.C. §985 (b)(1) (A), but is located within this
district and within the jurisdiction of the Court. The property
will be posted with a notice of the complaint in accordance with 18
U.S.C. §§ 985 (c) (1), (c) (3).

4, The defendant real property located at 16659 118th
Terrace North, Jupiter, Palm Beach County, Florida, includes all
buildings, improvements, fixtures, attachments, and easements found
therein or thereon, and is more particularly described as:

A parcel of land in Section 11, Township 41 South, Range
41 East, Palm Beach County, Florida, being more
particularly described as follows: The East Half of the
South Half of the Northwest Quarter of the Southwest
Quarter of the Northwest Quarter of said Section 11.
(Also known as Parcel A-58).

LESS THE FOLLOWING DESCRIBED PARCEL OF LAND: The East Six
One-Hundreths (.06) of a foot of the following described
parcel of land: A Parcel of land in Section 11, Township
41 South, Range 41 East, Palm Beach County, Florida: The
Fast Half of the South Half of the Northwest Quarter of
the Southwest Quarter of the Northwest Quarter of said
Section 11.

TOGETHER WITH A ROAD EASEMENT for ingress and egress over
the East 30 feet of the Northeast 1/4 of the Southwest
1/4 of the Southwest 1/4 of the Northwest 1/4 of Section
11, Township 41 South, Range 41 East, Palm Beach County,
Florida.

Subject to Restrictions, Reservations and Easements of
Record, if any.

Folio Number 00-41-41-11-00-000-3210

5. The United States seeks forfeiture of the defendant real
Case 9:02-cv-80199-DTKH Document1 Entered on FLSD Docket 03/07/2002 Page 3 of 8

property pursuant to Title 21, United States Code, Section
881(a) (7), on the grounds that the defendant real property was used
or intended to be used to commit or facilitate the commission of a
federal law violation punishable by more than one year’s
imprisonment, conspiracy to manufacture and possess with intent to
distribute marijuana, in violation of 21 U.S.C. §§841(a)(1) and
846.

6. Beginning in August 2001, a confidential informant
(“CI”), provided information to Agent Michael Bulgrin of the Drug
Enforcement Administration concerning an organization that operated
several marijuana grow houses in northern Palm Beach County. The
CI identified a white male known as “Arnie” as being part of the
marijuana grow organization and that he had a grow house located
somewhere on 118th Terrace North in Jupiter Farms. Investigation
showed that Arnold Baker owns the residence located at 16659 118th
Terrace North, Jupiter, Florida, the defendant property.

7. On November 1, 2001, Task Force Officers Donald Voiret
and Gerald Chaparro of the United States Customs Task Force went to
the defendant property and conducted a trash pull. Three bags were
removed from the trash cans that were placed at curbside for
collection. One of the three bags contained two marijuana stems
and correspondence addressed to Arlene Baker, 16659 118th Terrace
North, Jupiter. The marijuana stems were field tested positive for

THC, the active ingredient in marijuana.
Case 9:02-cv-80199-DTKH Document1 Entered on FLSD Docket 03/07/2002 Page 4 of 8

8. On November 16, 2001, agents of the Drug Enforcement
Administration executed a search warrant at the defendant property.
Agents found approximately twenty (20) pounds of hydroponically
grown marijuana packaged in large plastic bags in empty fan boxes
in the detached garage of the residence. They also seized from the
residence approximately $63,000 in United States currency located
in the master bedroom and $8,000.00 in United States currency in
the kitchen. Agents also seized magazines showing how to grow
marijuana hydroponically and ledgers showing purchases of
hydroponic grow equipment.

9. After his arrest on November 16, 2001, Arnold Baker
acknowledged to Task Force Officer Voiret that he was selling
marijuana for another individual for $3,200.00 a pound. He
frequently sold marijuana to his brother-in-law and that these
transactions were usually for approximately $30,000.00 of
marijuana.

10. On or about November 29, 2001, an indictment was returned

against Arnold Baker and others, in the case of United States v.

Arnold Baker, et. al., 01-8158~CR-~DIMITROULEAS, for violations of

21 U.S.C. §§846 and 841, covering a period from a time unknown
through November 16, 2001. On February 8, 2002, Arnold Baker pled
guilty to conspiracy to manufacture and possess with intent to
distribute marijuana, in violation of 21 U.S.C. §§841(a)(1) and

846.
Case 9:02-cv-80199-DTKH Document1 Entered on FLSD Docket 03/07/2002 Page 5 of 8

11. As part of the plea agreement, Arnold Baker agreed to
forfeit the defendant property to the United States. On or about
February 12, 2002, Arnold Baker signed a consent to forfeiture,
forfeiting the defendant property to the United States as property
used or intended to be used to commit or facilitate the commission
of a federal law violation punishable by more than one year’s
imprisonment, conspiracy to manufacture and possess with intent to
distribute marijuana, in violation of 21 U.S.C. §§841(a)(1) and
846.

12. On or about February 12, 2002, Arlene Baker, the wife of
Arnold Baker, signed a consent to forfeiture, forfeiting her
interest in the defendant property to the United States as property
used or intended to be used to commit or facilitate the commission
of a federal law violation punishable by more than one year’s
imprisonment, conspiracy to manufacture and possess with intent to
distribute marijuana, in violation of 21 U.S.C. §§841(a)(1) and
846.

13. The defendant property is titled in the names of Arnold
Baker and Arlene Baker.

14. Based on the foregoing, the defendant real property has
become and is forfeit to the United States of America pursuant to

the provisions of 21 U.S.C. §881(a) (7).

CONCLUSION
Case 9:02-cv-80199-DTKH Document1 Entered on FLSD Docket 03/07/2002 Page 6 of 8

By reason of the foregoing, and pursuant to the provisions of
Title 21, United States Code, Section 881, the defendant real
property as described herein has become and is forfeit to the
United States of America.

WHEREFORE, plaintiff, United States of America, requests the
Court to declare the defendant real property condemned and forfeit
to the United States of America, pursuant to Title 21, United
States Code, Section 881, and further requests the Court to direct
any and all persons having any claim to the defendant real property
to file and serve their verified claims and answers as required by
Title 18, United States Code, Section 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.

Respectfully submitted,

GUY A. LEWIS
UNITED STATES ATTORNEY

ANTONIA J. BARNES

Assistant U.S. Attorney

500 Australian Avenue

Ste. 400

West Palm Beach, Fl. 33401
Tel: (561) 820-8711

Fax. (561) 665-9785

Fla. Bar No. 261777
Case 9:02-cv-80199-DTKH Document 1 Entered on FLSD Docket 03/07/2002 Page 7 of 8

VERIFICATION

I, MICHAEL DESZTICH, Special Agent for the U.S. Customs
Service, declare under penalty of perjury as provided by 28 U.S.C.
§1746, that the foregoing Complaint for Forfeiture In Rem is based
on information known to me, and the facts alleged therein are true

and correct to the best of my knowledge.

SPECIAL AGENT MICHABf, DESZTICH
UNITED STATES CUSTOMS SERVICE


File and source

File

1.pdf

Size

314,034 bytes

SHA-256

e8cde229b26bf833c0d046fadaba6070e9de5973e62ff9a3d6577feec8642112

Our copy

1.pdf

Original

No public link identified.