Case: 1:09-cv-07889 Document #: 1 Filed: 12/21/09 Page 1 of 7 PageID #:1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA,

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Plaintiff,
v.
FUNDS IN THE AMOUNT OF
FORTY-FOUR THOUSAND
TEN DOLLARS ($44,010.00)
Defendant.

JURY TRIAL DEMANDED

VERIFIED COMPLAINT FOR FORFEITURE
The UNITED STATES OF AMERICA, by PATRICK J. FITZGERALD, United States
Attorney for the Northern District of Illinois, for its verified complaint against the above-named
defendant property alleges in accordance with Supplemental Rule G(2) of the Federal Rules of Civil
Procedure as follows:
1.

This complaint for forfeiture is verified by the attached affidavit of Task Force

Officer Geoffrey Gibbs (“TFO Gibbs”) of the United States Drug Enforcement Administration
(“DEA”), which is fully incorporated herein.
Jurisdiction and Venue
2.

This is an in rem forfeiture action brought pursuant to Title 21, United States Code,

Section 881(a)(6), for forfeiture of funds in the amount of forty-four thousand ten dollars ($44,010),
which funds were furnished and intended to be furnished in exchange for a controlled substance, are
the proceeds from the sale of a controlled substance, and were monies used and intended to be used
to facilitate narcotics trafficking, in violation of 21 U.S.C. § 801, et seq. This court has jurisdiction
over this action pursuant to Title 28, United States Code, Sections 1345 and 1355(a).

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3.

This court has in rem jurisdiction over the defendant property pursuant to Title 28,

United States Code, Sections 1355(b)(1)(A) and (d), as certain of the acts giving rise to the forfeiture
occurred within the Northern District of Illinois.
4.

Venue is proper under 28 U.S.C. § 1395(b) because the defendant funds were found

and seized within the Northern District of Illinois on June 18, 2009, and shall remain here during
the pendency of this action.
Statutory Authority
5.

This forfeiture action in rem is brought pursuant to Title 21, United States Code,

Section 881(a)(6).
Specific Allegations
6.

On June 18, 2009, DEA agents assigned to the DEA Transportation Interdiction

Group at Amtrak Union Station in Chicago, Illinois, conducted a routine review of the computerized
travel manifest for Amtrak. During the review of the manifest, DEA law enforcement officers
noticed suspicious travel itinerary for Brian Tyler (“Tyler”) and Leah Burmeister (“Buermeister”).
They had purchased one-way sleeper car tickets with cash shortly before the train’s departure, to
travel from Flint, Michigan to Denver, Colorado via Chicago, Illinois.
7.

At approximately 1:45 p.m. on June 18, 2009, DEA law enforcement officers

proceeded to Tyler and Burmeister’s room in train #5 at the Amtrak Union Station in Chicago,
Illinois. DEA law enforcement officers identified themselves to Tyler and Burmeister and asked to
see their tickets and photo identifications. Tyler and Burmeister produced train tickets bearing the
names Leah Burmeister and Brian Tyler and showing travel from Chicago, Illinois to Denver,

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Colorado. Tyler and Burmeister also produced Michigan driver’s licenses bearing their names and
likeness.
8.

The statements described below are not intended to be a verbatim account of the

interview between the agents and the identified individuals but are only for the purpose of
establishing facts to support a reasonable belief that the property is subject to forfeiture.
9.

During the discussion with DEA agents, Tyler stated the luggage present in the room

was his and that he had not checked any bags. Tyler further stated that he packed all of the bags
except one black roll-away bag. Tyler informed the agents that he was given the black roll-away
bag to transport on the train. Tyler stated he was not carrying any weapons, narcotics or large
amounts of currency.
10.

Burmeister stated she was not carrying any weapons, narcotics or large amounts of

currency.
11.

Tyler and Burmeister consented to a search of their luggage. TFO Romano searched

the bags inside the room and discovered a taped shoe box containing a substantially loose amount
of United States currency inside the black roll-away bag. TFO Gibbs then asked if they would
accompany the officers to the DEA office at Union Station. They consented.
12.

At the DEA office at Union Station, Tyler stated that he was given the black roll-

away bag by an individual in Flint, Michigan. Tyler did not identify the individual to the agents.
Tyler stated to agents that he was told to deliver the black roll-away bag to an individual in Denver,
Colorado, and that person would pay Tyler $1,500 upon delivery. Tyler stated he was told to return
to Flint, Michigan after dropping off the black roll-away bag in Denver. Tyler stated he asked
Burmeister to travel with him, and that Burmeister had no knowledge of the arrangements.

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 Case: 1:09-cv-07889 Document #: 1 Filed: 12/21/09 Page 4 of 7 PageID #:4

13.

DEA Special Agent Robert Glynn (“SA Glynn”) responded with his canine "Rudy"

who conducted a narcotic odor investigation. The black roll-away bag containing the taped shoe box
filled with United States currency was placed alongside several control bags. SA Glynn advised that
"Rudy" gave a positive alert for the presumptive presence of narcotic odor on the black roll-away
bag. “Rudy” is certified annually and was last certified in December 2008. “Rudy” has made over
two hundred (200) narcotics finds and several narcotic odor finds on United States currency.
“Rudy” has had approximately thirteen false positives, and has had several instances of no detection.
14.

DEA law enforcement officers seized a total of $44,010 from the black roll-away bag

consisting of 98 one hundred dollar bills, 165 fifty dollar bills, and 1,298 twenty dollar bills.
15.

For the reasons stated herein and in the attached affidavit, there is probable cause to

believe that funds in the amount of forty-four thousand ten dollars ($44,010) were furnished and
intended to be furnished in exchange for a controlled substance, are the proceeds from the sale of
a controlled substance, and were monies used and intended to be used to facilitate narcotics
trafficking, in violation of 21 U.S.C. § 801 et seq., and are therefore subject to forfeiture and
condemnation pursuant to 21 U.S.C. § 881(a)(6).

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 Case: 1:09-cv-07889 Document #: 1 Filed: 12/21/09 Page 5 of 7 PageID #:5

WHEREFORE, the United States of America requests:
A.

That the defendant property be proceeded against for forfeiture and condemnation,

that due notice be given to all interested parties to appear and show cause why the forfeiture should
not be decreed;
B.

That the court adjudge and decree that the defendant currency be forfeited to the

United States and disposed of according to law; and
C.

The United States requests that any trial be before a jury.
Respectfully submitted,
PATRICK J. FITZGERALD
United States Attorney

By:

5

/s/ Michael T. Sterling
MICHAEL T. STERLING
Special Assistant United States Attorney
219 South Dearborn Street, 5th Floor
Chicago, Illinois 60604
(312) 353-5300

 Case: Document 1 Filed: 12/21/09 Page 6 of 7 PageID 

State of Illinois

SS
County of Cook. 
AFFIDAVIT

I, Geoffrey Gibbs, having ?rst been duly sworn, upon oath, deposes and states. as follows:

I. I am a Task Force Of?cer with the Drug Enforcement Administration
Airport Interdiction Group. I haVe been assigned as a TFO for DEA for approximately 
years. I have been speci?cally assigned to the Airport Interdiction Group, and my of?cial duties and
responsibilities include the investigation of narcotics traf?cking and narcotics-related offenses at the
various points of entry and exit in Chicago, including O?Hare Airport, Midway Airport, the
Greyhound Bus Terminal, and Union Station.

2. As a DEA TFO, I am an investigative and law enforCeme'nt of?cer of the United
States, permitted by law to conduCt investigations of, and to make arrests for, offenses enumerated
.in the Comprehensive Drug Abuse Prevention and Controlled Substances Act of 1970, Title 21,
United States Code, Section 801, et seq.

3. I have read the complaint in this matter and the. facts alleged are true and correct to
the best of my knowledge and belief based upon my own personal knowledge as well as information
I have received from other agents, persons and documents. Because this af?davit is for a limited
purpose it does not include each and every fact known to me concerning this investigation. The
statements described in the complaint are not intended to be a verbatim account of the interview
between the agents and the identi?ed individuals, but only serve the "purpose of establishing facts

to support a reasonable belief that the property is subject to forfeiture.

Case: Document 1 Filed: 12/21/09 Page 7 of 7 PageID 

4. I declare under penalty of pteury under the laws of the United States of America that

the foregoing is true and correct.

Executed on the 21st of December 2009, in Chicago, Illinois.

7

GEOFFREY GIBBS
Task Force Of?cer
Drug Enforcement Administration

 

ΟJS 44 (Rev. 3/99)

Case: 1:09-cv-07889 Document
1-2 Filed:SHEET
12/21/09 Page 1 of 1 PageID #:8
CIVIL#:COVER

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers
asrequired by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974,
isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF
THEFORM.)

I. (a) PLAINTIFFS

DEFENDANTS

UNITED STATES OF AMERICA

FUNDS IN THE AMOUNT OF $44,010.00

(b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(c)

Attorneys (If Known)

Attorney's (Name, Address, and Telephone Number)

PATRICK J. FITZGERALD, U.S. ATTORNEY
219 SOUTH DEARBORN, 5TH FLOOR
CHICAGO, ILLINOIS 60604
(312) 353-5300

II. BASIS OF JURISDICTION

(Place an "X" in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for
(For Diversity Cases Only)

and One Box for Defendant)
PTF DEF

DEF

1 U. S. Government
Plaintiff

3

Federal Question
(U.S. Government Not a Party)

Citizen of This State

1

1

Incorporated or Principal Place
of Business In This State

4

4

2 U.S. Government
Defendant

4

Diversity
(Indicate Citizenship of Parties
in Item III)

Citizen of Another State

2

2

Incorporated and Principal
of Business In Another State

5

5

Citizen or Subject of a
Foreign Country

3

3

Foreign Nation

6

6

(Place an "X" in One Box Only)

IV. NATURE OF SUIT
CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of
Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal Injury

REAL PROPERTY

CIVIL RIGHTS
441 Voting

210 Land Condemnation

442 Employment

220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

V. ORIGIN
1 Original
Proceeding

443 Housing/
Accommodations
444 Welfare
440 Other Civil
Rights

FORFEITURE/PENALTY
PERSONAL INJURY
362 Personal InjuryMed. Malpractice
365 Personal Injury-Product Liability
368 Asbestos Personal

Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability

PRISONERPETITIONS
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck
650 Airline Regs.
660 Occupational
Safety/Health
690 Other

LABOR

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157

PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

SOCIAL SECURITY

710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
730 Labor/Mgmt.Reporting
& Disclosure Act

861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

740 Railway Labor Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS--Third Party
26 USC 7609

(PLACE AN "X" IN ONE BOX ONLY)
Removed from
2
State Court

VI. CAUSE OF ACTION

Remanded
3
fromAppellate Court

4 Reinstated or
Reopened

Transferred from
5 another district
(specify)

6 Multidistrict
Litigation

OTHER STATUTES
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce/ICC Rates/etc.
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
12 USC 3410
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of
Information Act
900Appeal of Fee
Determination
Under Equal Access to
Justice
950 Constitutionality of
State Statutes
890 Other Statutory Actions

Appeal to District
Judge from
7 Magistrate
Judgment

(Cite the U.S. Civil Statute under which you are filing and write brief statement of cause.
Do not cite jurisdictional statutes unless diversity.)

CIVIL FORFEITURE ACTION PURSUANT TO TITLE 21, UNITED STATES CODE, SECTION 881(a)(6)

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE

CHECK YES only if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION DEMAND
UNDER F.R.C.P. 23
(See
instructions):

JURY DEMAND:

DOCKETNUMBER

JUDGE
SIGNATURE OF ATTORNEY OF RECORD

/s/ Michael T. Sterling

12/21/2009
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Yes

No