IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

UNITED STATES OF AMERICA, Case No. 3:18-CV-044

Plaintift

A GLOCK GMBH, MODEL 27 GEN4,.4O

CALIBER PISTOL, SERIAL NUMBER

BCYK326. WITH A GLOCK GMBH.4O

CALIBER MAGAZINE,

JUDGE

I)cli'ndant 1,

and

A CESKA ZBROJOVKA, MODEL

SCORPION EVO 3 SI,9MM PISTOL,

SERIAL NUMBER C058127, WITH A

CESKA ZBROJOVI(A 9 MM MAGAZINE,

Plaintiff, United States of America, by its undersigned counsel, alleges the following for

its action against the defendants in accordance with Supplemental Rule G(2) ofthe Federal Rules

of Civil Procedure.

NATURE OF THE ACTION

l. This is a civil action irz rem brought to enforce 21 U.S.C. $ 881(a)(11), which

provides for the forfeiture to the United States of:

Any firearm (as defined in section 921 of Title l8) used or intended to be

used to facilitate the transportation, sale, receipt, possession, or

concealment ofproperty described in paragraph (l) or (2) and any proceeds

traceable to such property.

VERIFIED COMPLAINT FOR

FORFEITURE IN REM

Defendant 2.

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THE DEFENDANTS IN REM

2. Defendant I is a Glock GmbH, Model 27 Gen4,.40 Caliber Pistol, Serial Number

BCYK326, with a Glock GmbH .40 Caliber Magazine. On July 1 1 , 2017 , the Drug Enforcement

Administration C'DEA') seized Defendant I from an apartment, located at 4450 Buckeye Lane,

Apt.407, Beavercreek, Ohio, during the execution ofa federal search warrant. Defendant I is in

the custody of the DEA, where it will remain during the pendency of this action.

3. Defendant 2 is a Ceska Zbrojovka, Model Scorpion Evo 3 SI, 9mm Pistol, Serial

Number C058127, with a Ceska Zbrojovka 9mm Magazine. On July 11,2017, the DEA seized

Defendant 2 from an apartment, located at 4450 Buckeye Lane, Apt.407, Beavercreek, Ohio,

during the execution ofa federal search warrant. Defendant 2 is in the custody ofthe DEA, where

it will remain during the pendency of this action.

JURISDICTION AND VENUE

4. Plaintiff brings this action in rem it its own right to forfeit and condemn the

defendants pursuant to 21 U.S.C. $ 881(a)(11). This Court has jurisdiction over an action

commenced by the United States under 28 U.S.C. $ 1345 and over an action for forfeiture under

28 U.S.C. $ l3ss(a).

5. This Court has in rem juisdtction over the defendants pursuant to 28 U.S.C.

$ I 355(b)( 1XA) because acts and omissions giving rise to the forfeiture occurred in the Southem

District of Ohio.

6. Venue is proper in this district pursuant to 28 U.S.C. g 1355(bXlXA) because acts

and omissions giving rise to the forfeiture occurred in the Southem District of Ohio and pursuant

to 28 U.S.C. $ 1395 because the defendants were found in the Southem District ofOhio.

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BASIS FOR FORFEITURE

'1. The defendants are subject to forfeiture pursuant to 21 U.S.C. $ 881(a)(11)because

the defendants were used or intended to be used to facilitate the transportation, sale, receipt,

possession, or concealmdnt ofproperty described in 21 U.S.C. $ 881(a)(1) (controlled substances)

and any proceeds traceable to such property.

FACTS

8. The DEA and other law enforcement agencies are investigating the fentanyl

distribution activities of individuals in the Dayton, Ohio area and elsewhere. Through the course

of the investigation, the DEA has identified Robert Stroud ("Stroud"), aNa "Bonjo," as a supplier

ofkilogram quantities ofheroin and fentanyl. In addition, the DEA has identified Robert Stroud,

Jr. ("Junior") as a member of Stroud's drug traffrcking organization C'DTO'). Junior is a drug

distributor for the DTO and picks up and processes drug proceeds.

9. Investigators have leamed that Stroud does not appear to live at a consistent

residence. Instead, he stays at locations in Houston, Texas; Charlotte, North Carolina; Chicago,

Illinois; and Dafon, Ohio. Stroud's business, Stroud Enterprises LLC, owns property located at

6352 Mantz Avenue, Dayton, Ohio (Mantz Avenue"). Stroud has used the Mantz Avenue

property for processing heroin and fentanyl.

10. Investigators received information that Stroud possessed drug proceeds in the

amount of $289,000.00 in United States currency in the microwave oven in the kitchen of the

Mantz Avenue property. An individual had picked up $64,000.00 in drug proceeds fiom Junior

at Marfiz Avenue, and the remaining $225,000.00 was in the microwave. On February 7,2017,

the DEA executed a search warrant at Mantz Avenue. Although investigators did not locate any

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curency, they discovered evidence ofbulk currency collection and processing, such as a money

counting machine, vacuum sealer, plastic vacuum sealed baggies, rubber bands, and latex gloves.

They also observed that the Mantz Avenue property contained few personal items, which gave the

residence the appearance ofa "flop house."

1 1. Investigators determined that one method by which Stroud moves drug proceeds is

by dropping offand picking up cars at the George Bush Intercontinental Airport in Houston, Texas.

On July 7 , 2017 , Alexus Hatter flew to the Cincinnati/Northem Kentucky Intemational Airport

("CVG") to meet Stroud. Based on their investigation, agents believe that Hatter traveled to Ohio

for the purpose of transporting Stroud's drug proceeds by vehicle to Houston, Texas, for future

money laundering. Investigators observed Stroud in a dark gray 2015 Dodge Gmnd Caravan at

CVG, where he picked up Hatter.

12. Following Hatter's arrival, Stroud and Hatter stayed at an apartment located at 4450

Buckeye Lane, Apt.407 in Beavercreek, Ohio ("Buckeye Lane"), from July 8 through July 10,

2017 . On more than one occasion, Stroud and Hatter were observed at Luxury Sports Auto Sales

in Dayton, where multiple vehicles arrived and departed shortly thereafter. Based on their

training and experience, agents believe that drug proceeds were being delivered to Stroud.

13. On July 8, 2017, at approximately l2:30 a.m., investigators observed Stroud circle

the block several times in the Dodge Grand Caravan near the De'lish Caf6. Investigators believe

Stroud was attempting to identifu whether law enforcement was following him. Investigators

later observed a blue GMC Envoy following Stroud and Hatter. At one point, Stroud began

driving enatically in an apparent attempt to keep the GMC Envoy close behind him for security.

The driver of the GMC Envoy was later identified as Junior. lnvestigators believe that Stroud

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had drug proceeds in the Dodge Grand Caravan at the time. Both vehicles drove to Buckeye

Lane where they remained until the following morning. Investigators believe that Stroud, Junior,

and Hatter transfened drug proceeds from the van to Buckeye Lane when they arrived.

14. On July 9, 201 7, at approximately 12:05 a.m., Junior and an unknown female were

observed walking from the Buckeye Lane apartment to the parking garage. Junior was carrying

a large brown paper bag, and the unknown female was carrfng a white plastic bag. Law

enforcement observed Junior and the unknown female walk to the Dodge Grand Caravan, open

the door, and then walk away from the van.

15. On July 11,2017, the DEA executed a federal search warrant at Buckeye Lane.

At approximately 6:00 p.m., Stroud retumed to Buckeye Lane with boxed food in his hands. He

briefly entered the apartment but then quickly walked back to the parking garage where the GMC

Envoy was parked. Stroud entered the vehicle and fled the area. The Ohio State Highway

Patrol conducted a traffic stop on Stroud's vehicle, and officers seized five cell phones from

Stroud.

16. During the execution of the search warrant, agents seized frve additional cell

phones, an assortment of ammunition, $12,000 in United States currency fiom a coat pocket in the

closet of the master bedroom, and the defendant firearms and magazines (Defendants I and 2)

from the second drawer of a dresser in the master bedroom.

17. Law enforcement is aware, based on training and experience, that drug traffickers

maintain firearms and weapons to protect both controlled substances and drug proceeds. Drug

traffickers maintain firearms as a use offorce, or threat offorce, against rival drug dealers and./or

delinquent customers.

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18. Stroud has a history of drug traffrcking and possessing a firearm in furtherance of

drug trafficking. In or about 1994, Stroud was convicted of felony drug offenses in the

Montgomery County Court of Common Pleas. In 2010, Stroud was convicted in the United

States District Court for the Southem District of Ohio at Cincinnati ofpossession ofa firearm in

furtherance of a drug trafficking offense in violation of l8 U.S.C. $ 92a(c)(1)(A). On November

9,2017, a federal grand jury retumed a one-count Indictment against Stroud (Case No. 3:17-CR183), charging him with conspiracy to possess with intent to distribute and distribute controlied

substances, namely heroin, cocaine, and fentanyl in violation of21 U.S.C. $ 846.

CLAIM FOR RELIEF

By reason ofthe facts set forth herein, the defendants are properly condemned as forfeited

to the United States pursuant to 21 U.S.C. $ 881(a)(11).

WHEREFORE, the plaintiff respectfully requests that:

(a) the Court find there is probable cause to believe that the defendants have been

forfeited to the United States pursuant to 21 U.S.C. $ 881(aX11);

(b) pursuant to Rule G(3Xb)(i), Supplemental Rules, the Court issue a warrant of arrest

in rem, directrng the United States to arrest and seize the defendants and to retain the same in its

custody subject to further order ofthe Court;

(") the Court, pursuant to Rule G(4), Supplemental Rules, direct the United States to

give notice to all persons and entities having an interest in the defendants to assert in conformity

with the law a statement of any interest they may have, including notice by publication on the

official govemment website, www.forfeiture.gov, for thirty consecutive days;

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(d) the forfeiture of the defendants to the United States be confirmed, enforced, and

ordered by the Court;

(e) the Court thereafter order the United States to dispose ofthe defendants as provided

by law; and

(0 the Court award the United States all other reliefto which it is entitled, including

the costs of this action.

Respectfu 1ly submitted,

BENJAMIN C. GLASSMAN

United States Attomey

s/Deborah D. Grimes

DEBORAH D. GRIMES (0078698)

Assistant United States Attomey

Attomey for Plaintiff

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45202

(513) 684-3711 / Fax: (513) 684-6385

Deborah.Grimes @usdoj.gov

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I. Alexander P. Hitlman, hereby verily

Task Force Officer with the Drug Enlorcemen

Verilied Cornplaint tbr Fort'eiture In Rem and

contained in the complaint are true to nty own k

orvn personal knowledge are alleged on

thcm to be truc.

The sources ofmy knorvledge and intb

files and records of the United States. info

oflicers, and my investigation of this case.

I hereby verify and declare under the

correcl.

)

Date

declare under the penalty of perjury that I am a

Administralion, that I have read the tbregoing

now the conlcnts thercol'. and that lhe matters

u,ledge. except that those matters not within my

ion and beliet', and as to those matters, I believe

ion and the grounds ofmy beliefare the official

ion supplied to nre by other law enlbrcement

ty of perjury that the foregoing is true and

AI-EXANDER P. HILLMAN

'l'ask Force Ofticer

Drug Enforcement Administration

tu

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AO 440 (5/85) Summons in a Civil Action

United States District Court

 SOUTHERN DISTRICT OF OHIO 

UNITED STATES OF AMERICA

V.

A GLOCK GMBH, MODEL 27 GEN4, .40

CALIBER PISTOL, SN BCYK326, WITH

GLOCK GMBH .40 CALIBER MAGAZINE, et al.

 

SUMMONS IN A CIVIL ACTION

CASE NUMBER: 3:18CV044

TO: (Name and Address of Defendant) (1) GLOCK GMBH, MODEL 27 GEN 4, .40 CALIBER

PISTOL, SN BCYK326, WITH GLOCK GMBH .40 MAGAZINE

c/o DRUG ENFORCEMENT ADMINISTRATION

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon

PLAINTIFF'S ATTORNEY (name and address)

Deborah D. Grimes

Assistant U.S. Attorney

U.S. Attorney's Office

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45202

a Claim pursuant to Rule G of the Supplemental Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions of 

the Federal Rules of Civil Procedure within thirty (30) days after the service of this Summons upon you, exclusive of the day of 

service, and an Answer or Motion under Rule 12 to the Complaint which is herewith served upon you, within twenty (20) days 

after the filing of your Claim. If you fail to do so, judgment by default will be taken against you for the relief demanded in the 

Complaint.

Richard W. Nagel 

CLERK DATE

BY DEPUTY CLERK

Case: 3:18-cv-00044-WHR Doc #: 1-2 Filed: 02/09/18 Page: 1 of 1 PAGEID #: 10
AO 440 (5/85) Summons in a Civil Action

United States District Court

 SOUTHERN DISTRICT OF OHIO 

UNITED STATES OF AMERICA

V.

A GLOCK GMBH, MODEL 27 GEN4, .40

CALIBER PISTOL, SN BCYK326, WITH

GLOCK GMBH .40 CALIBER MAGAZINE, et al.

 

SUMMONS IN A CIVIL ACTION

CASE NUMBER: 3:18CV044

TO: (Name and Address of Defendant) (2) CESKA ZBROJOVKA, MODEL SCORPION EVO 3 SI,

9 MM PISTOL, SN C058127, WITH A CESKA ZBROJOVKA

9 MM MAGAZINE

c/o DRUG ENFORCEMENT ADMINISTRATION

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon

PLAINTIFF'S ATTORNEY (name and address)

Deborah D. Grimes

Assistant U.S. Attorney

U.S. Attorney's Office

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45202

a Claim pursuant to Rule G of the Supplemental Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions of 

the Federal Rules of Civil Procedure within thirty (30) days after the service of this Summons upon you, exclusive of the day of 

service, and an Answer or Motion under Rule 12 to the Complaint which is herewith served upon you, within twenty (20) days 

after the filing of your Claim. If you fail to do so, judgment by default will be taken against you for the relief demanded in the 

Complaint.

Richard W. Nagel 

CLERK DATE

BY DEPUTY CLERK

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