Case3:IO-cv-04580-MEJ Document1-i'kd 16168110 Page7 of 7
VERIFICATION
I, Carlos Alfaro, state as follows:
1 I a Special Agent with the United States Drug Enforcement Administration. As such, I am
familiar with the facts, and the investigation leading to the filing of this Complaint for Forfeiture.
2 I have read the Complaint for Forfeiture, and based upon review of relevant investigative
reports, review of documentary evidence, discussions with other persons involved in the investigation,
and participation in the investigation, I believe the allegations contained in it to be true.
*****
Ideclare under penalty of perjury that the foregoing is true and correct. Executed this 8th day
2f October, 2010, California.
Special Drug En orcement Administration
Complaint CV 10-
C
I ., ase3:Ill-cv-0L -1 Filed I0/08/10 Pa{
B 44 @ev. 12/07] (candrev 1-16-08)
The JS 44 civil cover sheet ad the ~nformat~on
contained herein netther replace nor supplement the filing and servlce of pleadings or other papers 8s required by
law, excepts pmvided by local rules of court This form, appmved by the Judicial Conference of the United in September 1974, is required for the
use of the Clerk of Court for the purpose of itutiating the civil doc& sheet. (SEE INSTRIJflIONS ON PAGE TWO OFTHE
L (a) PLAINTIFFS ( DEFENDANTS
United States of America ( Please See Attachement A.
County of Residence of First Listed Defendant
@) county of Residence of First Listed Plaintiff
(IN U.S. CASES ONLY)
(EXCEPT IN U.S. CASES)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION
OF THE LAND INVOLVED.
(c) Attorney's (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Susan B, Gray
450 Golden Gate Avenue, 1Ith Floor
San Francisco, CA 94102
(415) 436-6598
RINCIPAL PARTIES phce w"~' fm plaintiff
(For Diversity Cases mdOne Box for Defendant)
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IX. DIVISIONAL ASSIGNMENT (CIVIL L.R. 3-2) / / 1\
(PLACE AND "x"IN ONE BOX ONLY) nSA~J&RANCISCO/OAKLAND SAN JOSE
DATE
Attachment A
APPROXIMATELY $146,050 IN UNITED STATES CURRENCY,
FOUR WESTERN UNION MONEY ORDERS, SERIALNUMBERS 140874444122,
14087444413 1,140874444140,140874444158,
124 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT,
.. .
27 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT.
'ORIGINAL
MELINDA HAAG (CSBN 1 3 26 1 2) United States Attorney
BRIAN STRETCH (CSBN 163973) Chief, Criminal Division
SUSAN B. GRAY (CSBN 100374) Assistant United States Attorney
450 Golden Gate Avenue
San Francisco, California 941 02-3495
Telephone: 4 15,436.7324
Facsimile: 41 5.436.7234
email: susan.b. ~ra~@,usdoi
.gov Attorneys for the United States
of America UNITED STATES DISTRICT COURT NORTHERN
DISTRICT OF CALIFORNIA SAN FIUNCISCO
UNITED STATES OF AMERICA,
1
Plaintiff,
1 APPROXIMATELY $146,050 IN UNITED STATES CURRENCY,
2 FOUR WESTERNUNION MONEY j
ORDERS, SERIAL NUMBERS 1
140874444122,14087444413 1, 1
140874444140,1408744441 58, 1
)
3.124 ASSORTED PIECES OF 1
MARIJUANA GROW EQUIPMENT, 1
1
1 ASSORTED PIECES OF 5 MARIJUANA GROW EQUIPMENT, and )
2 ASSORTED PIECES OF
MARIJUANA GROW EQUIPMENT, 1
'l
Defendants. j
No.
CIVIL FORFEITURE COMPLAINT
In this in rem forfeiture action, the United States alleges:
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JURISDICTION AND VENUE
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1. This Court has jurisdiction under Title 28, United States Code, Sections 1345 and
1355(a), and TitIe 21, United States Code, Section 881(a)(2) and (6).
2, This action is timely filed in accordance with Title 18, United States Code, Section
983(a)(3)(A).
3. Venue in this Court is proper because defendant property was seized in the Northern
District of California. 28 U.S.C. ยง$ 1355(b) and 1395,
PARTIES
Plaintiff is the United States of America.
Defendants are the following funds, money orders and grow equipment described below,
("the defendant propertyy'):
1 APPROXIMATELY $146,050 IN UNITED STATES CURRENCY,
2 FOUR WESTERN UNION MONEY ORDERS, SERIAL NUMBERS 140874444122,
140874444 13 1,140874444 140,140874444 158,
3 124 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT (62 light hoods and 62
ballasts),
4 84 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT (42 light hoods and 42
ballasts),
5 27 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT (2 light hoods and 25
ballasts).
FACTS
6. Plaintiff incorporates by reference the allegations of paragraphs one through five as
though fully set forth herein.
A. Execution of Search Warrant at 87 Chadbourne Way, Oakland, California
7. On April 14,2010, DEA agents sought and obtained a state search warrant from the
Honorable Sandra K, Bean, Alarneda County Superior Court for 1920 E.12th Street, Oakland,
California, 87 Chadbourne Way, Oakland, California, the person of Eric Tran, and two vehicles. The
agents had previously determined through a law enforcement data base and surveillance that Eric Tran
resided at 87 Chadbourne Way and was associated with the address of 1920 E. 12th Street, Oakland,
California.
8. On August 16,201 0, law enforcement agents executed the warrant at 87 Chadbourne
Way, Oakland, California.
Complaint CV 10-
1 At approximately 1 1 :47 a.m., and prior to the execution of the search warrant, a gray Ford van
arrived at 87 Chadbourne Way, An Asian male adult, later identified as Eric Tran (hereinafter "Tran")
exited the driver's side of the van and walked toward the driveway of 87 Chadbourne Way. Shortly
thereafter agents observed Tran back a Black Mercedes SL500 out of the driveway of 87 Chadbourne
Way and park it on the opposite side of the street. Tran got out of the Mercedes and talked briefly to a
white male on the street* The white male began taking pictures of the Mercedes and Tran got back into
the driver's side of the Mercedes.
2 At approximately 1250 p.m, on April 16, 2010, law enforcement agents began a search of 87
Chadbourne Way. During the search, Agents noticed a strong odor of marijuana coming from the
workout room and the laundry room. A narcotics detecting K-9 "Riso" alerted to the back wall of the
laundry room. When agents removed the back paneling they discovered an additional "security" room.
The agents could smell a very strong odor of marijuana emanating ftom the security room. During a
search of the security room they found the following: five rounds of ,38 caliber ammunition in a gun
case for a Smith and Wesson Revolver, a marijuana press, a money counter, a food sealer, and a large
safe which contained log books, twelve approximately one pound pIastic bags of marijuana, and
approximately $146,050 in United States Currency in the following denominations: 294x $100.00,104
x $50.00,5446 x $20,00,182 x $10.00,134 x $5.00,40 x $1.00, Another log book was found in a cabinet
next to the safe, A digital scale was found on the top shelf of the cabinet. Agents also found a ballast
and two lights of a type commonly used in growing marijuana. Agents also found a small clear plastic
box, with processed marijuana inside.
1 1. In a crawl space of the workout room the agents found six large white garbage bags that
each contained approximately four one-pound bags of marijuana.
12, As agents searched the house they also found a box of .357 caliber ammunition in a
medicine cabinet located next to the kitchen entrance, a East Bay Municipal Utility District
("EBMUD") bill for David Lee, 1920 E. 12th Street, Oakland, California 94606 in a closet of the office,
and a loaded Smith & Wesson revolver in the night stand next to the bed in the master bedroom.
13. Agents also searched the grey Ford van Tran had parked in front of his house and
Complaint CV 10-discovered the following: two large white garbage bags (each of which contained
four one-pound bags) of marijuana, one hundred and thirty eight growing marijuana plants, six boxes of
ballasts (each box contained four ballasts), a black messenger bag containing indicia and four Western
Unionmoney order sf or numbered 140874444122,1408744441 31,140874444140,140874444158, for
$500.00 each and totaling $2,000. A receipt in the bag accompanying the money orders indicated that
the money orders were purchased on April 16,201 0, approximately two hours prior to the execution of
the search warrant. The money orders were blank and did not indicate a payee. The indicia were
consistent with paylowe sheets and detailed multiple financial transactions at several thousand dollars
per transaction.
The total amount of dried and - . . marijuana seized from the house and van
. .
-.. processed -.
1 ,
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-. . - . . ---. was approximately forty-four pounds.
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2 On April 16, 20 10, law enforcement agents also executed a state search warrant at 1920 E. 12th
Street, Oakland, California. This address had a sign advertising "Asisana Food Company", but during
the execution of the search warrant agents found no evidence or indication that any food company
existed at the location. A search of State of California, Alameda County and Lexis records were all
negative for any business filings for Asiana Food Company.
3 During the execution of the search warrant at 1920 E, 12th Street, the agents discovered a
multipIe room indoor cannabis cultivation facility (the "grow-site"). The grow-site consisted of four
growing rooms using high voItage lighting. In a loft area above several of the rooms agents found
electrical ballasts and multiple screens of dried cannabis. The grow-site was equipped with carbon air
filters to scrub the ventilated air of the marijuana odor and surveillance cameras depicting the entry to
1920 E. 12th Street, Oakland, California.
4 Pacific Gas and Electric revenue assurance department determined that electrical power at the
marijuana grow-site had been diverted to avoid metering. PG&E determined that the electrical theft
amounted to approximately $27,000.
5 The agents seized forty pounds of dried and processed marijuana, three hundred and ninety eight
growing marijuana plants, and forty two light hoods and ballasts fiom the grow-site, They also seized
the following indicia: EBMUD water utility bill in the name of David Lee, DBA
Complaint CV 10-Asiana Food Company at 1920 E. 12th Street, Oakland, California; a utility bill in
the name of David Lee, DBA Asisana Food Company at1920 E. 12th Street, Oakland, California; an
alarm company bill in the name of David Lee, DBA Asiana Food Company at 1920 E. 12th Street,
Oakland, California,
1 On April 16,201 0, Eric Tran was arrested and charged with violations of California Health and
Safety Code Sections 11358 (unauthorized cultivation of marijuana), 11359 (possession of marij uana
for sale), 11370,6(A) (possession of over $1 00,000 in drug proceeds) and Penal Code Section 1203.2
(probation violation).
2 Eric Tran was previously arrested on October 9,2007, and charged with two counts of CaIifornia
Health and Safety Code Section 11358-illegal plant and cultivation of marijuana or hashish. Tran was
arrested during the execution of a search warrant on October 9,2007, at 769 22nd Street, Oakland,
California. Law enforcement agents seized a 1,270 plant indoor cannabis cultivation facility, Tran was
present during the execution of the search warrant at 769 22nd Street, Oakland, California. Tran was
later convicted of California Health and Safety Code Section 11357- Illegal Possession sf Concentrated
Cannabis and sentenced to 36 months probation on October 27, 2009, with probation terms that
included a four way search condition, which remains valid until October 27,2012.
21, The United States incorporates by reference the allegations in paragraphs one through twenty
as though fully set forth.
1 Section 88l(a)(2) of Title 21 of the United States Code, provides for the forfeiture of all raw
materials, products, and equipment of any kind which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing, or exporting any controlled substanceor listed
chemical in vioIation of Subchapter I, Chapter 13 of Title 21, United States Code.
2 Section 88 1(a)(6) of Title 2 1 of the United States Code, provides for the forfeiture of all money
furnished or intended to be furnished by any person in exchange for a controlled
I
substance or listed chemical in vioIation of Subchapter I, Chapter 13of Title 21,United States Code, ,
all proceeds traceable to such an exchange and all money used or intended to be used to facilitate any
1 Complaint CV 10- violation of Subchapter I, Chapter 13 of
Title 21, United States Code,
24, In light of the foregoing, defendant $146.050 in United States Currency and four Western
Union Maney Orders, Serial Numbers 40874444122, 14084444 131,140874444140, and
140874444158, and 229 assorted pieces of marijuana grow equipment (106 light hoods and 129
ballasts) are subject to judicial forfeiture.
*****
WHEREFORE, plaintiff United States of America requests that due process issue to enforce the
forfeiture of $146,050 in United States Currency and four Western Union Money Orders, Serial
Numbers 40874444122, 1408444413 1,140874444140, and 1408744441 58, and two hundred and
twenty nine assorted pieces of marijuana grow equipment (one hundred and six light hoods and one
hundred and twenty nine ballasts); that notice be given to all interested parties to appear and show
cause why forfeiture should not be decreed; that judgment of forfeiture be entered; that the Court enter
judgment forfeiting the defendant &nds and property; and that the United States be awarded such other
relief as may be proper and just.
Respectfully submitted,
MELINDA HAAG United
States Attorney
Dated: October 8,2910
Assistant United.-- -.~ttorney--.-
.. .
---States -
Complaint CV 10-