IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:13-CV-585
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
$98,699.60 IN U. S. CURRENCY, )
)
Defendant.
)

COMPLAINT FOR
FORFEITURE IN REM

The United States of America, by the United States Attorney
for the Eastern District of North Carolina, states as follows:
1.

This is a civil action in rem brought to enforce the

provision of 21 U.S.C. § 881(a)(6) for the forfeiture of United
States currency which was used or intended to be used in exchange
for controlled substances or represents proceeds of trafficking
in controlled substances or was used or intended to be used to
facilitate a violation of Title II of the Controlled Substances
Act, 21 U.S.C. §§ 801 et seq.
2.

This Court has subject matter jurisdiction over this

matter by virtue of 28 U.S.C. §§ 1345 and 1355(a).

The Court has

in rem jurisdiction by virtue of 28 U.S.C. § 1355(b).

Venue in

this district is proper by virtue of 28 U.S.C. §§ 1395(b).

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 3.

The defendant is $98,699.60 in United States currency.

The known potential claimant as to this currency is Kenneth
Lamont Clark.
4.

The defendant was seized in Harnett County, North

Carolina and is currently located in the Seized Asset Deposit
Fund Account maintained by the United States Marshal for the
Eastern District of North Carolina, within the jurisdiction of
this Court.
5.

The facts and circumstances supporting the seizure and

forfeiture of the defendant are contained in Exhibit A,
Declaration of Task Force Agent Michael E. Williams, Jr. of the
U. S. Drug Enforcement Administration, which is attached hereto
and incorporated herein by reference.

Such facts constitute

probable cause for the forfeiture of the defendant property.
6.

The defendant was used, or intended to be used, in

exchange for controlled substances, or represents proceeds of
trafficking in controlled substances or was used or intended to
be used to facilitate a violation of Title II of the Controlled
Substances Act, 21 U.S.C. § 801 et seq., and is therefore subject
to forfeiture to the United States of America pursuant to
21 U.S.C. § 881(a)(6).
WHEREFORE, in accordance with Supplemental Rule G(3)(b)(i),
the plaintiff requests that the Clerk issue a warrant of arrest
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 in rem for the defendant; that due notice be given to all parties
to appear and show cause why the forfeiture should not be
decreed; that judgment be entered declaring the defendant be
forfeited to the United States of America for disposition
according to law; and that the United States of America be
granted such other relief as this Court may deem just and proper,
together with the costs and disbursements of this action.
Respectfully submitted this 15th day of August, 2013.
THOMAS G. WALKER
United States Attorney

BY: /s/ Joshua B. Royster
JOSHUA B. ROYSTER
Attorney for Plaintiff
Assistant United States Attorney
Civil Division
3l0 New Bern Avenue
Suite 800 Federal Building
Raleigh, NC 2760l-l46l
Telephone: (9l9) 856-4530
Facsimile: (919)856-4821
Email: Joshua.royster@usdoj.gov
N. C. Bar No. 28785

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 VERIFICATION
I, Joshua B. Royster, Assistant United States Attorney for
the Eastern District of North Carolina, declare under penalty of
perjury, as provided by 28 U.S.C. Section 1746, the following:
That the foregoing Complaint for Forfeiture is based on
reports and information furnished to me by Task Force Agent
Michael E. Williams, Jr. of the U. S. Drug Enforcement
Administration, and to the best of my information and belief, is
true and correct.
This the 15th day of August, 2013.

/s/ Joshua B. Royster
JOSHUA B. ROYSTER
Assistant United States Attorney
Civil Division

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