Free Affidavit - District Court of Connecticut - Connecticut

Case 3:01-cv-02090-PCD

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, : : v. : : (1) ONE 37.5 FOOT BAJA SPORT : CRUISER MOTORBOAT, ID NO. : AGCB5523J889, NAMED "MADE YA : LOOK," WITH ALL APPURTENANCES : AND ATTACHMENTS THEREON, : ET AL : : [CLAIMANTS: DEBBIE C. KERPEN, : A/K/A DEBORAH KERPEN, : KAY F. ANDREWS, WILLIAM : NATION, ROBERT C. KERPEN, JR., : CHRISTOPHER AND/OR LISA : PHEFFER, AND FORD MOTOR : CREDIT COMPANY] :

Civil No. 3:01CV02090 (PCD)

DECLARATION IN SUPPORT OF REQUEST TO ENTER DEFAULT AGAINST WILLIAM NATION 1. I am an Assistant United States Attorney and represent the Plaintiff, United States of

America, ("Plaintiff") in this action. 2. On November 8, 2001, a Verified Complaint of Forfeiture was filed for the forfeiture

of twenty defendant assets, consisting of a motorboat, a Ford Expedition, a horse trailer, a John Deere tractor, and sixteen items of currency ("Defendants 1 - 20"). The Complaint alleges that the Defendants 1 - 20 were involved in transactions or attempted transaction in violation of 18 U.S.C. § 1956 , or represent property which constitutes or is derived from proceeds traceable to violation of 18 U.S.C. § 1952, or constitute property derived from proceeds traceable to an offense constituting "specified unlawful activity" (as defined in 18 U.S.C. § 1956(c)(7)), namely racketeering in violation of 18 U.S.C. § 1952, or conspiracy to commit such offense, and are

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therefore subject to forfeiture to the United States pursuant to 18 U.S.C. § 981(a)(1)(C). 3. Pursuant to Warrants of Arrest In Rem issued by this Court on November 8, 2001,

all persons interested in the Defendants 1- 20 were required to file their claims with the Clerk of the Court within thirty days (30) of the execution of the Warrants of Arrest In Rem, publication of the legal notice, or actual notice of this action, whichever occurred first. 4. The Internal Revenue Service Criminal Investigation Division for the District of

Connecticut seized Defendants 1- 20 on November 20, 2001, and notice of said forfeiture action was published in the New Haven Register newspaper on November 20, 27, and December 4, 2001. 5. On December 3, 2001, Christopher Pfeffer waived service of the Verified Complaint

of Forfeiture and 20 Warrants of Arrest in Rem. 6. On December 5, 2001, Robert Kerpen waived service of the Verified Complaint of

Forfeiture and 20 Warrants of Arrest in Rem. 7. On December 26, 2001, William M. Bloss, attorney for Debbie C. Kerpen waived

service of the Verified Complaint of Forfeiture and 20 Warrants of Arrest in Rem. 8. On or about May 9, 2002, James J. Tancredi, attorney for Ford Motor Credit

Company waived service of the Verified Complaint of Forfeiture and 20 Warrants of Arrest in Rem. 9. On March 3, 2004, the Internal Revenue Service, Criminal Investigation Division

personally served William Nation with the Verified Complaint of Forfeiture and one Warrant of Arrest in Rem. 10. On March 4, 2004, the Internal Revenue Service, Criminal Investigation Division 2

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personally served Kay Andrews with the Verified Complaint of Forfeiture and one Warrant of Arrest in Rem. 11. On March 16, 2004, this Court granted Plaintiff's motion for entry of default

against Robert C. Kerpen, Christopher and/or Lisa Pfeffer, and Debbie C. Kerpen. 12. On or about March 23, 2004, William Nation, by way of a letter, filed a statement

of interest as to Defendant No. 4, one 4x4 John Deere Tractor. 13. On April 15, 2004, this Court granted Plaintiff's motion for entry of default

against Kay Andrews. 14. On or about April 19, 2004, Robert Kerpen filed an Answer to the Verified

Complaint of Forfeiture, and on April 21, 2004, filed a Seized Asset Claim. 15. By letter dated April 21, 2004, David M. Bizar, attorney for Ford Motor Credit

Company, confirmed that Ford Motor Credit Company had been paid in full for Vehicle Defendant No. 2, and therefore withdrew any claim to the vehicle. 16. William Nation has failed to a file an Answer to the Verified Complaint of

Forfeiture within the time permitted by Rule C of Supplemental Rules for Certain Admiralty and Maritime Claims. 17. Declarant knows of no reason why a default against William Nation having an

interest in the Defendant No. 4, one 4x4 John Deere Tractor, should not now be entered.

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I declare under penalty of perjury that the foregoing is true and correct. Executed at New Haven, Connecticut on this 26th day of April, 2004.

DAVID X. SULLIVAN ASSISTANT U.S. ATTORNEY

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CERTIFICATE OF SERVICE This is to certify that a copy of the within and foregoing Declaration in Support of Request to Enter Default Against William Nation has been mailed, postage prepaid, this 26th day of April, 2004, to: William M. Bloss, Esq. Jacobs, Grudberg, Belt & Dow, P.C. 350 Orange St New Haven, CT 06503-0001 James J. Tancredi Ford Motor Credit Company 9009 Carothers Parkway Mail Drop 600 Franklin, TN 37067 Robert Kerpen P.O. Box 263 North Haven, CT 06473 Christopher Pferrer 1250 Dunbar Hill Road Hamden, CT 06514 William Nation 403 Oak Ridge Drive Mt. Washington, KY 40047 Kay Andrews 280-29 Zoar Road Charlemont, MA 01367

DAVID X. SULLIVAN ASSISTANT U.S. ATTORNEY