Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 1 of 9

O~G N _
1~

1.

DEC 13 2005
IN THE UNITED STATES DISTRICT COURT L[.#! llcr !s~,i oj i :'. C,~~'rI <
FOR THE NORTHERN DISTRICT OF GEORGIA
~.~~~~~
ATLANTA DIVISION
UNITED STATES OF AMERICA,

Plaintiff,
CIVIL ACTION NO .
v.
$ 1 3,630 .00
CURRENCY,

1 :05-CV-3134

I N UNIT E D STATES

Defendant .
COMPLAINT FOR FORFEITURE
COMES NOW the United States of America, Plaintiff in the
above-styled civil action, pursuant to 21 U .S .C . 881(a)(6), and

files this Complaint for Forfeiture, showing the Court as follows :

1 .

The Court has jurisdiction over this case pursuant to 28

U .S .C . 1355 .
2 .
Venue is proper in this Court pursuant to 28 U .S .C . 1395 .
3 .

On July 1,

2005,

Officer Dewald of the DeKalb County Police

Department seized $13,630 .00 in United States currency ("the

Defendant Currency") on land from Jose Guerrero and Bernardine
Guerrero in Deka] .b County, Georgia, a place within the jurisdiction
and venue of this Court .

Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 2 of 9

4 .

The Defendant Currency is presently within the jurisdiction of

this Court .
5 .

On July 1, 2005, at approximately 10 :55 p .m ., Officer Dewald

initiated a traffic stop on a white Chevrolet Tahoe, with North
Carolina tag SVA2179, for an obstructed tag and window tint
violation . Officer Dewald stopped the Chevrolet Tahoe in a church
parking lot next to the residence of 2587 Boland Drive in Atlanta,
Georgia .
6 .

The Chevrolet Tahoe is registered to Jose Christobal Guerrero,

at 2587 Boland Drive, Atlanta, Georgia .
7 .

Jose Guerrero and Bernardine Guerrero reside at 4317 Scaup

Court, Raleigh, North Carolina 27616 .

S.
Officer Dewald approached the Chevrolet Tahoe, which was
occupied by Jose Guerrero, his wife Bernardine Guerrero, and four
young children .
9 .

Officer Dewald asked Jose Guerrero to step out of the car to

discuss the reasons for the traffic stop .

Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 3 of 9

10 .
Jose Guerrero gave officer Dewald a North Carolina driver's

license and told him that he had been visiting relatives at 2587
Boland Drive ("Boland Drive") .
11 .

The Boland Drive residence is under investigation by Officer

Dewald and other officers with the DeKalb County Police Department
for possible drug trafficking activity .
12 .
A search of the Boland Drive residence on June 16,

2005

resulted in one arrest and the seizure of three illegal firearms

and drug paraphernalia .
13 .

Jose Guerrero told Officer Dewald that he was on his way to

Mexico for a one week vacation .
14 .

Officer Dewald walked to the car to speak with Bernardine

Guerrero, and she told him that they were going to Mexico to visit
her father for two weeks .
15 .
Officer Dewald asked Jose Guerrero if he had any illegal

narcotics, weapons, or large sums of United States currency in the

Chevrolet Tahoe . Jose Guerrero said he did not .

Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 4 of 9

16 .
Officer Dewald asked Jose Guerrero how much money was in the
Chevrolet Tahoe, and Jose Guerrero stated that there was
approximately $10,000 .00 inside the vehicle .
17 .
Jose Guerrero told Officer Dewald that he earned the money
from his job at Southern Pan in Lithonia, Georgia .
18 .
Officer Dewald asked Bernardine Guerrero how much money was
inside the car and she said approximately $5,000 .00,

and she said

that the money was for her father .

19 .
Jose Guerrero told Officer Dewald that the money inside the
car was going to be used to purchase property in Mexico .

20 .
Officer Dewald asked Jose Guerrero again how long he would be
staying in Mexico, and this time he stated three weeks, conflicting
with his original statement of one week .
21 .
Officer Dewald asked Bernardine Guerrero where the money was
located, and she reached down to the floorboard of the car and
pulled a bag out of a duffle bag and then retrieved two small
stacks of money .

Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 5 of 9

22 .

Officer Dewald asked for and received consent to search the

Chevrolet Tahoe .
23 .
Officer Scoggins with the DeKalb County Police SWAT K-9 unit

was called to the scene with "Bosco," a trained and certified

narcotics detection dog . Bosco conducted an open-air sniff of the
Chevrolet Tahoe .
24 .

Bosco gave a positive alert for the odor of narcotics at the

driver's-side rear door, the passenger-side rear bumper, the front
passenger-side door, and the rear seat .
25 .

Officer Dewald explained to Jose and Bernardine Guerrero that,

because Bosco had given a positive alert for the odor of narcotics
on the Chevrolet Tahoe, he was going to search the vehicle .
26 .
Officer Dewald asked Jose Guerrero where the money was

located, and Jose Guerrero retrieved a black bag from the front
passenger side door, pulled out a white bag, and handed it to
Officer Dewald .

Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 6 of 9

27 .

Inside the white bag were five (5) packets of money, bound
with rubber bands . There was a piece of yellow paper on each
bundle . The dollar amount and quantity of each denomination in the

bundle were written on the yellow paper .

28 .

The Defendant Currency was packaged in a manner consistent

with the illegal drug trade .
29 .

Officer Dewald noticed that the rear passenger door of the

vehicle had been tampered with . There was a natural compartment
inside the door panel, which was easily accessed because of the
tampering .
30 .

Drug couriers commonly hide currency and drugs inside door

panels in an effort to conceal those items from law enforcement .
31 .

The Georgia Department of Labor has no record of wages earned

by Jose Guerrera .
32 .

The Drug Enforcement Administration

seizure of the Defendant Currency .

('IDEA")

has adopted the

Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 7 of 9

33 .
On November 3,

2005,

Jose and Bernardine Guerrero filed an

administrative claim to the Defendant Currency . After receiving

the claim, the DEA referred this matter to the United States
Attorney's Office to forfeit the Defendant Currency judicially, as
required by 18 U .S .C .

983 (a) (3) (A) .

34 .

The Defendant Currency is subject to forfeiture pursuant to 21

U . S . C . 881(a) (6)

on the grounds that it was furnished or intended

to be furnished in exchange for a controlled substance, that it

constitutes proceeds traceable to such an exchange, or that it was
used or intended to be used to facilitate the sale or exchange of
a controlled substance .
WHEREFORE, Plaintiff prays :

(1)

that the Court forfeit the Defendant Currency to

the United States of America ;

(2) that the Court award plaintiff the costs of this

action ; and

(3) that Plaintiff have such other and further relief

as the Court deems just and proper under the facts
and circumstances of this case .

Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 8 of 9

This

/;

day of December, 2005 .

Respectfully submitted,
DAVID E . NAHMIAS
UNITED STATES ATTORNEY

US LL PHILLI
ASSISTANT U .S . ATTORNEY
GEORGIA BAR NO . 576335
600 UNITED STATES COURTHOUSE
75 SPRING STREET, S .W .
ATLANTA, GA 30303
(404)581-6239 - PHONE
(404)581-6156 - FAX

Case 1:05-cv-03134-RWS Document 1 Filed 12/13/05 Page 9 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,

Plaintiff,
CIVIL ACTION NO .

v.
$13,630 .00 IN UNITED STATES
CURRENCY,

Defendant .

VERIFICATION OF COMPLAINT FOR FORFEITURE

I, Task Force Agent, Richard Lall, an employee of the Drug

Enforcement Administration, have read the Complaint for Forfeiture

in this action and state that its contents are true and correct to
the best of my knowledge and belief .
Pursuant to 28 U .S .C . 1746, T declare under penalty of
perjury that the foregoing is true and correct .
This ~ day of December, 2005 .

~"J /~ V RICHARD LALL

TASK FORCE AGENT
DRUG ENFORCEMENT ADMINISTRATION