Case: 2:14-cv-00125-WOB-JGW Doc #: 9 Filed: 09/19/14 Page: 1 of 3 - Page ID#: 34

Eastern District of Kentucky

F ll ED

SEP 19 2014
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
COVINGTON

AT COVINGTON

ROBERT R. CARR
CLERK U.S. DISTRICT COlJR"

Case 2:14-cv-00125-WOB-JGW
UNITED STATES OF AMERICA

Plaintiff

VS.
$11,000 IN UNITED STATES CURRENCY

Defendant

ANSWER BY CHARLES L. CLARKE, II TO VERIFIED COMPLAINT FOR

FOREFEITURE IN REM
Following is my answer to Verified Complaint For Forfeiture In Rem filed by the United
States of America in the above case. I am not represented by counsel. Please allow me the
opportunity to correct any deficiencies if the Answer is insufficient in any way or untimely. The
numbered paragraphs correspond to the paragraphs as numbered in the Verified Complaint For
Forfeiture In Rem.

1. I deny that the property seized represents proceeds and facilitation of violations of 21
U.S. C. 84l{a){l).

2. I admit that the property was seized from me at the Cincinnati/Northern Kentucky
International Airport, Hebron, Kentucky. I do not know whether the property is in the
custody of the United States Marshal's Service in the Eastern District of Kentucky.

JURISDICTION AND VENUE

3. I do not know whether the Court has jurisdiction over this matter by virtue of28 U.S.C.
1345 and 1355.

Case: 2:14-cv-00125-WOB-JGW Doc #: 9 Filed: 09/19/14 Page: 2 of 3 - Page ID#: 35

4. I deny that the Court has in rem jurisdiction over the property under 28 U.S.C. 1355. I
request that the Court deny the Plaintiff's request for the Court to issue an arrest warrant
in rem.

5. Tdo not know whether venue is proper in this district pursuant to 28 U.S.C. 1395(a) and
(c).

BASIS FOR FORFEITURE

6. I deny that the property was furnished or intended to be furnished in exchange for
controlled substances, was proceeds traceable to such an exchange, or was intended to be
used to facilitate the illegal sale of narcotics. I deny that the property is subject to
forfeiture to the United States of America pursuant to 21 U.S. C. 881(a)(6).
7. I deny that the facts as alleged in the affidavit of Task Force Officer William T. Conrad
form a lawful basis for seizing my property and initiating this Complaint. I deny that the
officer had probable cause for seizing my property. I am not involved in the sale of
narcotics and no drugs were found in my possession. Twas born in Cincinnati, Ohio and
spent most of my childhood there. I have family there, including a grandmother and
aunts, and was visiting friends and relatives, as I explained to the officer. I was shocked
and startled to be aggressively approached and questioned by two officers in front of
other passengers while simply waiting to board an airplane to return home. Instead of
returning home, I was jailed after the officers accused me of assault because I questioned
their right to take my property. I am a student and receive Veteran's benefits due to my
mother's disability and the property is mostly my savings from these benefits, as I
explained to the officer. The robbery charge cited by Officer Conrad in his affidavit
occurred while I was a juvenile and resulted in a lesser offense where I was given

Case: 2:14-cv-00125-WOB-JGW Doc #: 9-1 Filed: 09/19/14 Page: 1 of 2 - Page ID#: 37