Free Motion for Default Judgment - District Court of California - California

Case 3:07-cv-02194-WQH-AJB

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Filed 04/01/2008

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KAREN P. HEWITT United States Attorney PHILLIP L. B. HALPERN Assistant U.S. Attorney California State Bar No. 133370 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-5165 E-mail: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) $1,012,538.75 IN U.S. CURRENCY, ) ) Defendant. ) ____________________________________) I, Phillip L. B. Halpern, declare: 1. I am the Assistant United States Attorney primarily responsible for the prosecution Case No. 07cv2194-WQH(AJB) DECLARATION OF PHILLIP L. B. HALPERN IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT

of this case. I have prepared this Declaration based upon my review of the Court's docket and the file maintained by the U.S. Attorney's office with respect to this case. 2. On November 16, 2007, a Complaint for Forfeiture was filed in the above action

in the United States District Court for the Southern District of California against the above defendant. 3. On November 20, 2007, the defendant was seized and arrested by a duly authorized

representative of the Internal Revenue Service, who thereafter took possession and custody of the defendant, pursuant to the Court's Order appointing the Internal Revenue Service as custodian, dated November 19, 2007. 4. On November 27, 2007, pursuant to Rule G(4)(b)(i) of the Supplemental Rules for

Admiralty or Maritime and Asset Forfeiture Claims (hereinafter referred to as the "Supplemental EXHIBIT 3

Case 3:07-cv-02194-WQH-AJB

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Rules") a Notice of Judicial Forfeiture Proceedings and a copy of the Complaint for Forfeiture were sent by certified mail to the following potential claimants at their addresses of record: Name and Address Brent Roger Wilkes c/o Mark Geragos Attorney at Law Geragos & Geragos PLC 350 S. Grand Avenue, 39th Floor Los Angeles, CA 90071-3480 John Thomas Michael c/o Raymond R. Granger Attorney at Law Granger & Assoc. LLC 757 Third Avenue, 7th Floor New York, NY 10017 5. Article No.
7004 2510 0003 3013 3134

Result Signed for as received on or about 12/15/07

7004 2510 0003 3013 3141

Signed for as received on or about 12/01/07

On December 7, 14 and 21, 2007, pursuant to Rule G(4)(a) of the Supplemental

Rules, notice was published in the San Diego Commerce newspaper. From the time of said notice, no claim or answer has been filed regarding the above-named defendant property by anyone. See Supplemental Rules at G(5). 6. On January 31, 2008, a Declaration of and Request for Clerk's Entry of Default was

filed in this case. A Clerk's Entry of Default was issued on February 1, 2008, and a copy is attached to the Memorandum of Points and Authorities as Exhibit 2. I declare under penalty of perjury that the foregoing is true and correct to the best of my information, knowledge and belief. DATED: April 1, 2008. s/Phillip L. B. Halpern PHILLIP L. B. HALPERN Assistant U.S. Attorney Email: [email protected]

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07cv2194