IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.

UNITED STATES OF AMERICA,

Plaintiff,

v.

927 COLE STREET, GOLDEN, COLORADO, and

2008 TOYOTA HIGHLANDER VIN # JTEES42A182076495;

Defendants.

 

APPLICATION FOR WRIT OF ENTRY

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

for forfeiture of the defendant property, including:

a. 927 Cole Street, Golden, Colorado, which is described as a tract of land

situated in Parcel B, Exemption Survey Section 6, Township 4 South, Range 69 West, E18-3-93

according to the Exemption Survey Recorded June 4, 1993 at Reception No. 93079644 in Book

113 at Page 26, County of Jefferson, State of Colorado.

Based upon the Complaint, the United States respectfully moves this Court for a finding

of probable cause and a Writ of Entry for the defendant real property.

The United States does not request authority from the Court to seize the defendant real

property at this time. The United States will, as provided by 18 U.S.C. §§ 985(b)(1) and (c)(1),

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and Supplemental Rule for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions

G(4): 

1. Post notice of the Complaint in a conspicuous place on defendant real property;

2. Serve notice of this action on the owner(s) of the defendant real property along

with a copy of the Verified Complaint;

3. Execute a Writ of Entry for the purpose of conducting an inspection and inventory

of the property; and

4. Record a notice of lis pendens in the county records; and

5. The United States will also, as provided in 19 U.S.C. § 1606, appraise the

defendant real property.

Title 18, United States Code, Section 985(c)(3) provides that, because the United States

will post notice of the Complaint on the defendant real property, it is not necessary for the Court

to issue a Warrant for Arrest of Property In Rem, or to take any other action to establish in rem

jurisdiction over the defendant real property. Title 18, United States Code, Section 985(b)(2)

clearly states that “the filing of a lis pendens and the execution of a writ of entry for the purpose

of conducting an inspection and inventory of the property shall not be considered a seizure under

this subsection.”

Therefore, the United States requests under 18 U.S.C. § 983(j), and under 18 U.S.C. §

985(b)(2) and Supplemental Rule for Admiralty or Maritime Claims and Asset Forfeiture

Actions G(4), that the Court issue the proposed Writ of Entry filed herewith authorizing the

Internal Revenue Service or its designee, to enter the defendant real property, including any

structures, on one or more occasions during the pendency of this civil in rem forfeiture action:

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1. for the purpose of conducting an inspection, inventory, and appraisal of the

defendant real property, which inspection, inventory, and appraisal may include still and video

photography; and

2. to be accompanied on any such occasion by any appraiser(s) selected by it to

appraise the condition and value of the defendant real property pursuant to 19 U.S.C. § 1606; and

3. to be accompanied on any such occasion by any government or contract personnel

selected by it for the purpose of conducting an inventory of the defendant real property; and

4. to be accompanied on any such occasion by an federal, state, and local law

enforcement officers selected by it to ensure the safety of any person acting under the Writ of

Entry.

DATED this 11 day of August, 2011. th

Respectfully submitted,

ERIC HOLDER

Attorney General of the United States

BARRY R. GRISSOM

United States Attorney

/s/Richard L. Hathaway

RICHARD L. HATHAWAY #07767

Special Attorney

444 S.E. Quincy, Suite 290

Topeka, KS 66683-3592

Tel: 785-295-2850

Fax: 785-295-2853 

rich.hathaway@usdoj.gov

/s/Christine E. Kenney

CHRISTINE E. KENNEY #13542

Special Attorney

christine.kenney@usdoj.gov

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