Case 2:12-cv-01253-GEB-CKD Document 1 Filed 05/10/12 Page 1 of 5

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916)554-2700
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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12 UNITED STATES OF AMERICA,

13 Plaintiff,
VERIFIED COMPLAINT FOR
14 v. FORFEITURE IN REM

15 APPROXIMATELY 26,973.00 IN U.S.

CURRENCY,
16 Defendant.
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19 The United States of America, by and through its undersigned attorney, brings

20 this complaint and alleges as follows in accordance with Supplemental Rule G(2) of
21 the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
22 Actions:
23 Nature of Action

24 1. This is a civil action in rem to forfeit to the United States approximately

25 $26,973.00 in U.S. Currency (“defendant currency”) involved in violations of federal

26 drug laws.
27 2. The defendant currency was seized on May 18, 2011, on Interstate 5 near

28 Corning, California from the backseat of a 1998 Silver GMC Yukon driven by Adel

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1 Sambrano Ramos (“Ramos”). Ngek You (“You”) was a passenger in Ramos’ vehicle
2 during the car stop. The defendant currency is in the custody of the U.S. Customs and
3 Border Protection.
4
5 Jurisdiction and Venue
6 3. This Court has jurisdiction over an action commenced by the United States
7 under 28 U.S.C. § 1345, and over an action for forfeiture under 28 U.S.C. § 1355(a), and
8 over this particular action under 21 U.S.C. § 881.
9 4. This district is a proper venue pursuant to 28 U.S.C. § 1355 because the
10 acts giving rise to the forfeiture occurred in this district and pursuant to 28 U.S.C. §
11 1395 because the defendant currency was seized in this district.
12
13 Factual Allegations
14 5. On or about May 18, 2011, California Highway Patrol Officer Newman
15 observed Ramos’ vehicle speeding while traveling southbound on Interstate I-5 north of
16 Gay Creek. Officer Newman further observed that Ramos’ right rear brake light did
17 not work. Based on the two vehicle code violations, Officer Newman pulled over Ramos’
18 car and approached on the passenger side. When walking to the vehicle’s passenger
19 side (You’s side of the vehicle), Officer Newman detected a strong odor of marijuana
20 coming from the vehicle. Officer Newman then asked Ramos for his license and
21 registration; he also asked Ramos to exit the vehicle. After Ramos exited the vehicle
22 and stood on the highway’s shoulder away from the vehicle, the officer inquired about
23 the purpose of Ramos’ trip. Ramos responded that he and You were driving to Redding
24 to talk with a friend about job possibilities. He also told the officer that had a small
25 quantity of marijuana in the center console.
26 6. The officer then asked You about the purpose of the trip, and You told the
27 officer that they went to Redding purchase a car. The officer asked for You’s
28 identification and noticed that You had a large amount of cash in his wallet. You told

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1 the officer that his wallet contained $4,000 and there was an additional $23,000 in cash
2 in a backpack on the floor behind the driver seat. Due to the conflicting stories, the
3 strong odor of marijuana coming from the vehicle, and the fact that Ramos told the
4 officer there was marijuana in the car, the officer conducted a search of the vehicle. The
5 officer found approximately two grams of processed marijuana on the floorboard and in
6 the cup holder; a marijuana plant in the backseat of the car; four cell phones; and the
7 $23,000 in cash previously mentioned by You. The $23,000 in cash was bundled in a
8 backpack and hidden beneath the driver’s side seat.
9 7. Special Agents with Tehama Interagency Narcotics Taskforce
10 Mirandized Ramos and he agreed to answer questions from the agents. Ramos stated
11 that the truth was that he and You traveled to Rancho Tehama to buy marijuana from
12 an individual named Steve. Ramos told You that Steve would sell him marijuana. You
13 had flown from Boston to complete the marijuana transaction and Ramos picked him up
14 in Stockton. According to Ramos, he would receive a one percent commission for
15 brokering the marijuana sale. However, Ramos told officers that the marijuana deal
16 was called off when You learned that Steve only had one and a half pounds of
17 marijuana to sell. You wanted more than a pound and a half of marijuana.
18 8. At this point, Ramos was presented with a "Disclaimer For Property
19 Subject to Forfeiture" form, which he signed. Specifically, Ramos wrote that the cash
20 belonged to an individual named “Nick”. Ramos was also issued a driving citation and
21 the GMC Yukon was impounded. The defendant currency was seized as unlawful
22 proceeds of narcotics trafficking.
23 9. Agents with Immigration and Customs Enforcement, Homeland Security
24 Investigations, conducted a criminal background check on You and discovered prior
25 convictions for marijuana sales in 1998 and 2002; cocaine possession and cocaine sales
26 in 2009; and he was ordered deported by an Immigration Judge in Boston in 2003.
27 ///
28 ///

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1 First Claim For Relief

(21 U.S.C. § 881(a)(6))
2
3 10. Paragraphs one to nine above are incorporated by reference as though fully
4 set forth herein.
5 11. The defendant currency constitutes money or other things of value
6 furnished or intended to be furnished by any person in exchange for a controlled
7 substance or listed chemical, all proceeds traceable to such an exchange and/or was
8 used or intended to be used to facilitate one or more violations of 21 U.S.C. §§ 841 et
9 seq.
10 12. As a result of the foregoing, the defendant currency is subject to forfeiture
11 to the United States in accordance with 21 U.S.C. § 881(a)(6).
12
13 Prayer For Relief
14 WHEREFORE, the United States prays that:
15 1. Process issue according to the procedures of this Court in cases of action in
16 rem;
17 2. Any person having an interest in said defendant property be given notice to
18 file a claim and to answer the complaint;
19 3. The Court enter a judgment of forfeiture of the defendant property to the
20 United States; and
21 4. The Court grant such other relief as may be proper.
22
23 Dated: 5/10/12 BENJAMIN B. WAGNER
United States Attorney
24
25 By /s/ Kevin C. Khasigian

26 KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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1 VERIFICATION
2 I, Sean Hildebrand, hereby verify and declare under penalty of perjury that I am
3 a Special Agent with the United States Department of Homeland Security, Immigration
4 and Customs Enforcement, Homeland Security Investigations, that I have read the
5 foregoing Verified Complaint for Forfeiture In Rem and know the contents thereof, and
6 that the matters contained in the Verified Complaint are true to the best of my
7 knowledge and belief.
8 The sources of my knowledge and information and the grounds of my belief are
9 the official files and records of the United States and information supplied to me by
10 other law enforcement officers, together with others, Special Agent with the United
11 States Department of Homeland Security, Immigration and Customs Enforcement,
12 Homeland Security Investigations.
13 I hereby verify and declare under penalty of perjury that the foregoing is true and
14 correct.
15
16 Dated: 05/10/2012
17 /s/ Sean Hildebrand
SEAN HILDEBRAND
18 Special Agent
Department of Homeland Security
19 Immigration and Customs Enforcement
Homeland Security Investigations
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(Original signatures retained by attorney)
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