IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-CV-02106-PAB-CBS

UNITED STATES OF AMERICA,

Plaintiff,

v.

DEFENDANT NO 1: ONE PARCEL PROPERTY LOCATED AT

927 COLE STREET, GOLDEN, COLORADO, WITH ALL

APPURTENANCES, IMPROVEMENTS AND ATTACHMENTS

THEREON;

DEFENDANT NO 2: ONE 2008 TOYOTA HIGHLANDER,

VIN # JTEES42A182076495;

Defendants.

STATUS REPORT - MARCH 19, 2012

COMES NOW The United States of America, byand through AttorneyGeneral of the United

States Eric Holder, Barry R. Grissom, United States Attorney for the District of Kansas, through

Special Attorneys Richard L. Hathaway and Christine E. Kenney, and submits the following Status

Report.

1. On August 11, 2011, the United States filed a Verified Complaint for Forfeiture In

Rem under seal against the above defendants. (Doc. 1).

2. On August 15, 2011, the Court issued an Order for Warrant of Arrest of Property

In Rem. (Doc. 8.) A copy of the Verified Complaint and Writ of Entry (Doc. 9), were served

upon the daughter of Marie Dalton, titled owner of Defendant No. 1, who informed Dalton of the

Verified Complaint.

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3. On September 1, 2011, the Court filed a Minute Order directing that a status

report be filed every ninety (90) days, beginning November 30, 2011. (Doc. 14.) On October 4,

2011, the above case was unsealed. (Doc. 19.)

4. On September 21, 2011, Marie Dalton, titled owner of Defendant No. 1, filed a

Verified Claim. (Doc. 16.) No other claims have been filed.

5. On October 19, 2011, an Indictment was returned against Marie Dalton and

Richard Dalton in case no. 11-cr-430-CMA. The Indictment includes a notice that Defendant

No. 1 and Defendant No. 2 are subject to criminal forfeiture. 

5. On October 25, 2011, a copy of the Verified Complaint and a copy of the Notice

of Complaint for Forfeiture in Rem (Doc. 13), were served on Marie Dalton, titled owner of

Defendant No. 1, and on Richard Dalton, representative of the titled owner of Defendant No. 2.

6. The United States anticipates no other claims will be filed in this case. No

answers have been filed in this case. 

7. On January 11, 2012, counsel was appointed for Marie Dalton. 

8. On January 18, 2012, Richard Dalton signed a Consent to Forfeiture, waiving any

rights to both Defendant No. 1 and Defendant No. 2. (Doc. 39.)

9. On February 14, 2012, this Court granted an extension of time to allow the parties

to file certain pleadings to preserve the values of Defendant No. 1 and Defendant No. 2, before

entering an agreed upon order to stay these proceedings pending the outcome of the criminal

case. (11-CR-430-CMA.) The deadline to file these pleadings is April 16, 2012.

10. On March 12, 2012, the Court entered an Order Authorizing the Sale of

Defendant No. 1. 

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11. The United States is currently awaiting the deadline to run as to Defendant No. 2,

allowing time after publication notice for any other interested parties to be identified and

potential claims to be resolved. Once this deadline has run, the United States will file a proposed

Motion and Order for default judgment as to Defendant No. 2, and an agreed upon Motion and

Order to stay the proceedings pending the outcome of the criminal case.

DATED this 19 day of March, 2012. th

Respectfully submitted,

ERIC H. HOLDER, JR.

ATTORNEY GENERAL OF THE UNITED STATES

&

BARRY R. GRISSOM, # 10866

UNITED STATES ATTORNEY

DISTRICT OF KANSAS

barry.grissom@usdoj.gov

by:

s/Richard L. Hathaway

rich.hathaway@usdoj.gov

&

s/Christine E. Kenney

christine.kenney@usdoj.gov

Special Attorneys 

444 SE QUINCY, SUITE 290

TOPEKA, KS 66683

Phone: (785) 295-2850

Fax: (785) 295-2853

Attorneys for Plaintiff

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CERTIFICATE OF MAILING

I hereby certify that on this 19 day of March, 2012, I electronically filed the foregoing th

with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic

filing to any counsel of record.

s/Christine E. Kenney

christine.kenney@usdoj.gov

Special Attorneys 

444 SE QUINCY, SUITE 290

TOPEKA, KS 66683

Phone: (785) 295-2850

Fax: (785) 295-2853

Attorney for Plaintiff

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