United States District Court, D. Utah, Central Division
ORDER AND MEMORANDUM DECISION
CAMPBELL U.S. DISTRICT COURT JUDGE.
United States, in connection with the criminal matter of
United States v. Al-Rekabi (2:16-cr-373-RJS, D.
Utah), filed this civil forfeiture action requesting an order
forfeiting $12, 508.00 seized during a search for illegal
drugs. Pro Se Claimant Ahmed Al-Rakabi,  who pled guilty
in the criminal case, has filed a motion to dismiss the
United States' complaint for failure to allege facts
establishing the money was derived from an illegal drug
transaction. He contends the money came from his settlement
with an insurance company.
civil in rem forfeiture action, the Government is required to
file a verified complaint and satisfy standards and follow
procedures contained in, among other sources,
“Supplemental Rule G” of the Federal Rules of
Civil Procedure and 18 U.S.C. § 983(a)(4). The rules
also set the procedures that a claimant, such as Mr.
Al-Rakabi, must follow.
Government, in its Opposition to Claimant's Motion to
Dismiss (ECF No. 5), contends it has followed the appropriate
procedures and has satisfied the pleading standard. It asks
the court to direct Mr. Al-Rakabi to follow the proper
procedure to claim the money.
reasons stated in the Government's Opposition, the court
finds that the Government has satisfied the pleading standard
contained in Supplemental Rule G(2)(f) (requiring Government
to “state sufficiently detailed facts to support a
reasonable belief that the government will be able to meet
its burden of proof at trial”). The court's ruling
applies not only to the Government's original verified
complaint (ECF No. 1) but also to its Amended Verified
Complaint For Forfeiture In Rem (ECF No. 4).
is Mr. Al-Rakabi's obligation to file a formal claim as
required by 18 U.S.C. § 983(a)(4)(A) and Supplemental
Rule G(5)(a) and answer the amended complaint as required by
18 U.S.C. § 983(a)(4)(B) and Supplemental Rule G(5)(b).
The matter will proceed from there.
foregoing reasons, the court ORDERS as follows:
Claimant's Motion to Dismiss (ECF No. 3) and
Claimant's Motion to Compel a more definite statement
(ECF No. 6) are DENIED.
Al-Rakabi is directed to file a claim with the Government, as
set forth in Supplemental Rule G(5)(a), no later than Friday,
September 7, 2018. He must file a claim under oath for each
sum of money (the $11, 708.00 and the $800.00) (the
“Defendants”) if he intends to claim the full
amount seized. Then, again under Supplemental Rule G(5)(b),
he must file an answer to the Amended Verified Complaint for
Forfeiture In Rem no later than 21 days after filing
- SUPPLEMENTAL RULE G
Admiralty and Maritime Claims Rule G, 28 U.S.C.A. Rule G.
Forfeiture Actions In Rem
Scope. This rule governs a forfeiture action in rem arising
from a federal statute. To the extent that this rule does not
address an issue, Supplemental Rules C and E and the Federal
Rules of Civil Procedure also apply.
Complaint. The complaint must:
(a) be verified;
(b) state the grounds for subject-matter jurisdiction, in rem
jurisdiction over the defendant property, and venue;
(c) describe the property with reasonable particularity;
(d) if the property is tangible, state its location when any
seizure occurred and--if different--its location when the
action is filed;
(e) identify the statute under which the forfeiture action is
(f) state sufficiently detailed facts to support a reasonable
belief that the government will be able to meet its burden of
proof at trial.
Judicial Authorization and Process.
(a) Real Property. If the defendant is real property, the
government must proceed under 18 U.S.C. § 985.
(b) Other Property; Arrest Warrant. If the defendant is not
(i) the clerk must issue a warrant to arrest the property if
it is in the government's possession, custody, or
(ii) the court--on finding probable cause--must issue a
warrant to arrest the property if it is not in the
government's possession, custody, or control and is not
subject to a judicial restraining order; and
(iii) a warrant is not necessary if the property is subject
to a judicial restraining order.
(c) Execution of Process.
(i) The warrant and any supplemental process must be
delivered to a person or organization authorized to execute
it, who may be: (A) a marshal or any other United States
officer or employee; (B) someone under contract with the
United States; or (C) someone specially appointed by the
court for that purpose.
(ii) The authorized person or organization must execute the
warrant and any supplemental process on property in the
United States as soon as practicable unless:
(A) the property is in the government's possession,
custody, or control; or
(B) the court orders a different time when the complaint is
under seal, the action is stayed before the warrant and
supplemental process are executed, or the court finds other
(iii) The warrant and any supplemental process may be
executed within the district or, when authorized by statute,
outside the district.
(iv) If executing a warrant on property outside the United
States is required, the warrant may be transmitted to an
appropriate authority for serving process where the property
(a) Notice by Publication.
(i) When Publication Is Required. A judgment of forfeiture
may be entered only if the government has published notice of
the action within a reasonable time after filing the
complaint or at a time the ...