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COMMONWEALTH OF MASSACHUSETTS
~
ESSEX, ss. SALEM SUPERIOR COURT
CIVIL ACTION NO. 1877CV01724
COMMONWEALTH OF MASSACHUSETTS, BY JONATHAN W. BLODGETT,
DISTRICT ATTORNEY FOR THE EASTERN DISTRICT (ESSEX COUNTY),
Plaintiff
Vv.
ONE THOUSAND, EIGHT HUNDRED FIFTY-FIVE DOLLARS (1,855) in U.S. CURRENCY,
Defendant-In-Rem.
AFFIDAVIT OF SERVICE
(Certified Mail per G. L. c. 94C, § 47d)
1 On March 14, 2019, the Commonwealth served, via certified mail, the Petition for Forfeiture,
police report(s), police affidavit, Ex Parte Motion for Notice and Preliminary Custody, draft Court
Order, signed Court Order and Clerk’s Notice and a Legal Notice upon the following:
Certified Mail Number Intended Recipient Address
7018 0360 0000 9640 6875 Steven Gonzalez Essex County Pre-Release Center
MSA2002085 ° 165 Marston St.
LCACMain Camp/205S/01
Lawrence, MA 01841
x The United States Postal Service delivered these documents, and an individual signed \
for the delivery on the certified mail green card(s), as attached to this affidavit.
2 On December 28, 2018, the Commonwealth served, via certified mail, the Petition for
Forfeiture, police report(s), police affidavit, Ex Parte Motion for Notice and Preliminary Custody,
draft Court Order, signed Court Order and Clerk’s Notice and a Legal Notice upon the following:
Certified Mail Number Intended Recipient Address
7016 1370 0000 6266 5950 Steven Gonzalez 7 Shore Drive
Peabody, MA 01960
x The United States Postal Service returned these documents to the Office of the
District Attorney as undelivered. The undelivered certified mail package containing these documents
is attached to this affidavit.
bp
eS
ro
cS
Signed under the penalties of perjury this \bo day of January, 2020.
oka Snird
Francis J. MacDonald, Jr., Essex Assistant District Attorney
\y
a
(py =ds
Fov-an eer ASE Fer e(e) :s
A. Signature
‘. Complete items 4, 2, and 3. 11 Agent
ia Print your name and address on the reverse 1 Addressee
so that we can return the card to you. C. Date of Delivery ©
\
}i m Attach this card to the back of the mailpi
ece,
B34
or on the front if space permits.
Release Center | _
D. Is delivery address different from item
17 D1 Yes
= ‘é-Release Center
a
'SSEX County Pre-R if YES, enter delivery address below: lo
65
Marsto rste t. —— Tb
Steven Gonzalez
MSA2002085 <4:
Caripi205S/01
LCACMain
Lawrence, MA 01841
wee a ae
Woy
3. Service Type Priority Mail Express®
ALA LA Cl Adult Signaturo Reg! istered Mall™
Adult Signature Rostrictad Delivery oR iste rad Mail Restricted |
Certified Mail® Dalivery
1 Certified Mall Restricted Delivery 0 Bolum Recelpt for
9590 9402 3853 8032 3704 77 |
ed mony r
1D Collecton Delivery ag ‘Sig nature Confirmation™ |
gi lecton Delivery Rest ture Confirmation
st
eee gee! non FeMO/ be
ht
‘ fe « (over
Mai Rest Delivery?#
3 Domestic Return Recelpt :
’ PS Form 381 4, July 2015 PSN 7590-02-000-905 ae a
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THE PEOPLE VS. $14, 240.00 U.S.CURRENCY
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THE PEOPLE VS. $14, 240.00 U.S. CURRENCY
Case Number: CVPT21-0197475
Tentative Ruling on Motion for Default Judgment: The People of the State of California move
for forfeiture of $11,440.00 US Currency pursuant to Health and Safety Code 11488.5(b)(1).
Hearing on this Motion for Default Judgment was continued from April 15, 2024 to permit the
People to cure the following defects: 1) improper proof of service, 2) improperly verified
declaration. Both defects have been cured.
Merits: Currency that is “furnished or intended to be furnished by any person in exchange for a
controlled substance” or used or intended to be used to facilitate particular provisions of the Health
and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The
judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety
Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attorney’s Office (or other
agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The
Petition for Forfeiture must be served on the individuals from whom the property was seized.
Health and Safety Code § 11488.5(c). This service is in addition to the service of a notice at the
time of the seizure. Id. Notices of forfeiture must also be published for three consecutive weeks
in a newspaper of general circulation in the county where the subject property was seized. Health
and Safety Code § 11488.4(e). The notice must contain a description of the property, the appraised
value of the property, the date and place of seizure or location of any property not seized but
subject to forfeiture, the violation of the law alleged with respect to forfeiture of the property, and
the instructions for filing and serving a claim. Health and Safety Code § 11488.4(j).
To challenge the forfeiture, any person claiming an interest in seized property must file a verified
claim within 30 days after receipt of actual notice. Health and Safety § 11488.5(a)(1). If at the
end of the 30-day period, or after 30 days from the date of the last publication, there is no claim
on file, the court upon motion shall declare the property forfeited. Health and Safety Code §
11488.5(b)(1). If no timely claim is filed, the Court, upon motion, shall declare the property seized
or subject to forfeiture upon a showing by the District Attorney that there is a prima facie case in
support of the forfeiture. Health and Safety Code § 11488.5(b)(1).
Under either state or federal law, the “probable cause” standard represents the minimum prima
facie case the People must make to obtain a default forfeiture judgment. People v. $47,050 (1993)
17 Cal.App.4th 1319, 1325, fn. 6. A prima face case of probable cause for forfeiture is that
minimal level of evidence to support the conclusion that the illegal activities alleged specifically
related to narcotics trafficking, or evidence linking the cash to a narcotics transaction. People v.
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ultimate issue of fact is admissible and may constitute substantial evidence in forfeiture matters
where is based on an adequate factual foundation showing a nexus between the cash seized and
narcotics trafficking. People v. $47,050, supra 17 Cal.App.4th at 1325.
Here, the subject property was seized from Marty Hilliard, who was served the required notices
and signed the acknowledgement of receipt. Hilliard filed a Claim Opposing Forfeiture on June
4, 2021. The People filed a Petition for Forfeiture in Rem on June 24, 2021. The Petition was
served on Hilliard by mail. After multiple failures to appear at hearings regarding the Claim, and
the imposition of sanctions, the Court issued an Order to Show Cause Re: Dismissal for failure to
appear. On April 17, 2023, the Court dismissed the Claim pursuant to Gov’t Code section
68608(b). Notice was properly published in the Record Searchlight on April 21, 2024, April 28,
2024, and May 5, 2024.
As for the prima facie case, Petitioner has met its burden. Officer Seth Edwards has provided the
necessary expert opinion that the seized currency was furnished or was intended to be furnished
by a person in exchange for a controlled substance, was proceeds traceable to an exchange of
controlled substances or was/intended to be used to facilitate conduct in violation of Health and
Safety Code §§ 11359 and/or 11360. His opinion is supported by the foundational facts that: the
$11,440.00 US Currency was found in Mr. Hillard’s residence, along with 6 ounces of
methamphetamine, one ounce of heroin, packaging materials, and a digital scale. Petitioner has
provided the required evidence to establish a prima facie case of forfeiture. The Motion for Default
Judgment is GRANTED. A proposed order and judgment has been lodged and will be executed.
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THE PEOPLE VS. $14, 240.00 U.S.CURRENCY
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THE PEOPLE VS. $14, 240.00 U.S. CURRENCY
Case Number: CVPT21-0197475
Tentative Ruling on Motion for Default Judgment: The People of the State of California move
for forfeiture of $11,440.00 US Currency pursuant to Health and Safety Code 11488.5(b)(1).
Hearing on this Motion for Default Judgment was continued from April 15, 2024 to permit the
People to cure the following defects: 1) improper proof of service, 2) improperly verified
declaration. Both defects have been cured.
Merits: Currency that is “furnished or intended to be furnished by any person in exchange for a
controlled substance” or used or intended to be used to facilitate particular provisions of the Health
and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The
judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety
Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attorney’s Office (or other
agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The
Petition for Forfeiture must be served on the individuals from whom the property was seized.
Health and Safety Code § 11488.5(c). This service is in addition to the service of a notice at the
time of the seizure. Id. Notices of forfeiture must also be published for three consecutive weeks
in a newspaper of general circulation in the county where the subject property was seized. Health
and Safety Code § 11488.4(e). The notice must contain a description of the property, the appraised
value of the property, the date and place of seizure or location of any property not seized but
subject to forfeiture, the violation of the law alleged with respect to forfeiture of the property, and
the instructions for filing and serving a claim. Health and Safety Code § 11488.4(j).
To challenge the forfeiture, any person claiming an interest in seized property must file a verified
claim within 30 days after receipt of actual notice. Health and Safety § 11488.5(a)(1). If at the
end of the 30-day period, or after 30 days from the date of the last publication, there is no claim
on file, the court upon motion shall declare the property forfeited. Health and Safety Code §
11488.5(b)(1). If no timely claim is filed, the Court, upon motion, shall declare the property seized
or subject to forfeiture upon a showing by the District Attorney that there is a prima facie case in
support of the forfeiture. Health and Safety Code § 11488.5(b)(1).
Under either state or federal law, the “probable cause” standard represents the minimum prima
facie case the People must make to obtain a default forfeiture judgment. People v. $47,050 (1993)
17 Cal.App.4th 1319, 1325, fn. 6. A prima face case of probable cause for forfeiture is that
minimal level of evidence to support the conclusion that the illegal activities alleged specifically
related to narcotics trafficking, or evidence linking the cash to a narcotics transaction. People v.
$497,590 United States Currency (1997) 58 Cal.App.4th 145, 154. An expert’s opinion on an
ultimate issue of fact is admissible and may constitute substantial evidence in forfeiture matters
where is based on an adequate factual foundation showing a nexus between the cash seized and
narcotics trafficking. People v. $47,050, supra 17 Cal.App.4th at 1325.
Here, the subject property was seized from Marty Hilliard, who was served the required notices
and signed the acknowledgement of receipt. Hilliard filed a Claim Opposing Forfeiture on June
4, 2021. The People filed a Petition for Forfeiture in Rem on June 24, 2021. The Petition was
served on Hilliard by mail. After multiple failures to appear at hearings regarding the Claim, and
the imposition of sanctions, the Court issued an Order to Show Cause Re: Dismissal for failure to
appear. On April 17, 2023, the Court dismissed the Claim pursuant to Gov’t Code section
68608(b). Notice was properly published in the Record Searchlight on April 21, 2024, April 28,
2024, and May 5, 2024.
As for the prima facie case, Petitioner has met its burden. Officer Seth Edwards has provided the
necessary expert opinion that the seized currency was furnished or was intended to be furnished
by a person in exchange for a controlled substance, was proceeds traceable to an exchange of
controlled substances or was/intended to be used to facilitate conduct in violation of Health and
Safety Code §§ 11359 and/or 11360. His opinion is supported by the foundational facts that: the
$11,440.00 US Currency was found in Mr. Hillard’s residence, along with 6 ounces of
methamphetamine, one ounce of heroin, packaging materials, and a digital scale. Petitioner has
provided the required evidence to establish a prima facie case of forfeiture. The Motion for Default
Judgment is GRANTED. A proposed order and judgment has been lodged and will be executed.
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The People of the State of California vs. $1000.00 U.S. Currency
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This consolidated asset forfeiture matter is on calendar for review regarding status of criminal
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and Sentencing in the underlying criminal matter was set for June 13, 2024. No amended petition
has been filed. No status report has been filed. An appearance is necessary on today’s calendar
to provide the Court with a status of the criminal proceeding and amended petition.
Ruling
THE PEOPLE VS. $14, 240.00 U.S.CURRENCY
Jul 17, 2024 |
CVPT21-0197475
THE PEOPLE VS. $14, 240.00 U.S. CURRENCY
Case Number: CVPT21-0197475
Tentative Ruling on Motion for Default Judgment: The People of the State of California move
for forfeiture of $11,440.00 US Currency pursuant to Health and Safety Code 11488.5(b)(1).
Hearing on this Motion for Default Judgment was continued from April 15, 2024 to permit the
People to cure the following defects: 1) improper proof of service, 2) improperly verified
declaration. Both defects have been cured.
Merits: Currency that is “furnished or intended to be furnished by any person in exchange for a
controlled substance” or used or intended to be used to facilitate particular provisions of the Health
and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The
judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety
Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attorney’s Office (or other
agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The
Petition for Forfeiture must be served on the individuals from whom the property was seized.
Health and Safety Code § 11488.5(c). This service is in addition to the service of a notice at the
time of the seizure. Id. Notices of forfeiture must also be published for three consecutive weeks
in a newspaper of general circulation in the county where the subject property was seized. Health
and Safety Code § 11488.4(e). The notice must contain a description of the property, the appraised
value of the property, the date and place of seizure or location of any property not seized but
subject to forfeiture, the violation of the law alleged with respect to forfeiture of the property, and
the instructions for filing and serving a claim. Health and Safety Code § 11488.4(j).
To challenge the forfeiture, any person claiming an interest in seized property must file a verified
claim within 30 days after receipt of actual notice. Health and Safety § 11488.5(a)(1). If at the
end of the 30-day period, or after 30 days from the date of the last publication, there is no claim
on file, the court upon motion shall declare the property forfeited. Health and Safety Code §
11488.5(b)(1). If no timely claim is filed, the Court, upon motion, shall declare the property seized
or subject to forfeiture upon a showing by the District Attorney that there is a prima facie case in
support of the forfeiture. Health and Safety Code § 11488.5(b)(1).
Under either state or federal law, the “probable cause” standard represents the minimum prima
facie case the People must make to obtain a default forfeiture judgment. People v. $47,050 (1993)
17 Cal.App.4th 1319, 1325, fn. 6. A prima face case of probable cause for forfeiture is that
minimal level of evidence to support the conclusion that the illegal activities alleged specifically
related to narcotics trafficking, or evidence linking the cash to a narcotics transaction. People v.
$497,590 United States Currency (1997) 58 Cal.App.4th 145, 154. An expert’s opinion on an
ultimate issue of fact is admissible and may constitute substantial evidence in forfeiture matters
where is based on an adequate factual foundation showing a nexus between the cash seized and
narcotics trafficking. People v. $47,050, supra 17 Cal.App.4th at 1325.
Here, the subject property was seized from Marty Hilliard, who was served the required notices
and signed the acknowledgement of receipt. Hilliard filed a Claim Opposing Forfeiture on June
4, 2021. The People filed a Petition for Forfeiture in Rem on June 24, 2021. The Petition was
served on Hilliard by mail. After multiple failures to appear at hearings regarding the Claim, and
the imposition of sanctions, the Court issued an Order to Show Cause Re: Dismissal for failure to
appear. On April 17, 2023, the Court dismissed the Claim pursuant to Gov’t Code section
68608(b). Notice was properly published in the Record Searchlight on April 21, 2024, April 28,
2024, and May 5, 2024.
As for the prima facie case, Petitioner has met its burden. Officer Seth Edwards has provided the
necessary expert opinion that the seized currency was furnished or was intended to be furnished
by a person in exchange for a controlled substance, was proceeds traceable to an exchange of
controlled substances or was/intended to be used to facilitate conduct in violation of Health and
Safety Code §§ 11359 and/or 11360. His opinion is supported by the foundational facts that: the
$11,440.00 US Currency was found in Mr. Hillard’s residence, along with 6 ounces of
methamphetamine, one ounce of heroin, packaging materials, and a digital scale. Petitioner has
provided the required evidence to establish a prima facie case of forfeiture. The Motion for Default
Judgment is GRANTED. A proposed order and judgment has been lodged and will be executed.
Ruling
The People of the State of California vs. $12,276.00 U.S. Currency
Jul 16, 2024 |
24CV-0204435
U.S. CURRENCY
Case Number: 24CV-0204435
This matter is on calendar for review regarding status of return of funds. At the last hearing on
June 10, 2024, the People advised the Court that the underlying criminal case was dismissed. The
People further advised they intended to dismiss this case. The Court directed return of the funds
to the Claimant. A Motion to Dismiss has been filed. However, the return of funds has not been
addressed. An appearance is necessary on today’s calendar to address the status of the return
of funds.
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Ruling
In re: Claim of Lux Vending, LLC
Jul 17, 2024 |
24CV01925
24CV01925 IN RE: CLAIM OF LUX VENDING, LLC
EVENT: Motion for Return of Property
This matter has been reassigned and is continued to Monday, August 5, 2024 at 8:30
a.m. to be heard by Judge Merrifield in Courtroom 3 at the North Butte County
Courthouse in Chico. Counsel may appear by Court Call and shall provide notice.
3|Page
Ruling
The People of the State of California vs. $12,276.00 U.S. Currency
Jul 17, 2024 |
24CV-0204435
U.S. CURRENCY
Case Number: 24CV-0204435
This matter is on calendar for review regarding status of return of funds. At the last hearing on
June 10, 2024, the People advised the Court that the underlying criminal case was dismissed. The
People further advised they intended to dismiss this case. The Court directed return of the funds
to the Claimant. A Motion to Dismiss has been filed. However, the return of funds has not been
addressed. An appearance is necessary on today’s calendar to address the status of the return
of funds.
THE PEOPLE OF THE STATE OF CALIFORNIA VS. $1000.00
Preview
me ec, tet COMMONWEALTH OF MASSACHUSETTS ~ ESSEX, ss. SALEM SUPERIOR COURT CIVIL ACTION NO. 1877CV01724 COMMONWEALTH OF MASSACHUSETTS, BY JONATHAN W. BLODGETT, DISTRICT ATTORNEY FOR THE EASTERN DISTRICT (ESSEX COUNTY), Plaintiff Vv. ONE THOUSAND, EIGHT HUNDRED FIFTY-FIVE DOLLARS (1,855) in U.S. CURRENCY, Defendant-In-Rem. AFFIDAVIT OF SERVICE (Certified Mail per G. L. c. 94C, § 47d) 1 On March 14, 2019, the Commonwealth served, via certified mail, the Petition for Forfeiture, police report(s), police affidavit, Ex Parte Motion for Notice and Preliminary Custody, draft Court Order, signed Court Order and Clerk’s Notice and a Legal Notice upon the following: Certified Mail Number Intended Recipient Address 7018 0360 0000 9640 6875 Steven Gonzalez Essex County Pre-Release Center MSA2002085 ° 165 Marston St. LCACMain Camp/205S/01 Lawrence, MA 01841 x The United States Postal Service delivered these documents, and an individual signed \ for the delivery on the certified mail green card(s), as attached to this affidavit. 2 On December 28, 2018, the Commonwealth served, via certified mail, the Petition for Forfeiture, police report(s), police affidavit, Ex Parte Motion for Notice and Preliminary Custody, draft Court Order, signed Court Order and Clerk’s Notice and a Legal Notice upon the following: Certified Mail Number Intended Recipient Address 7016 1370 0000 6266 5950 Steven Gonzalez 7 Shore Drive Peabody, MA 01960 x The United States Postal Service returned these documents to the Office of the District Attorney as undelivered. The undelivered certified mail package containing these documents is attached to this affidavit. bp eS ro cS Signed under the penalties of perjury this \bo day of January, 2020. oka Snird Francis J. MacDonald, Jr., Essex Assistant District Attorney \y a (py =ds Fov-an eer ASE Fer e(e) :s A. Signature ‘. Complete items 4, 2, and 3. 11 Agent ia Print your name and address on the reverse 1 Addressee so that we can return the card to you. C. Date of Delivery © \ }i m Attach this card to the back of the mailpi ece, B34 or on the front if space permits. Release Center | _ D. Is delivery address different from item 17 D1 Yes = ‘é-Release Center a 'SSEX County Pre-R if YES, enter delivery address below: lo 65 Marsto rste t. —— Tb Steven Gonzalez MSA2002085 <4: Caripi205S/01 LCACMain Lawrence, MA 01841 wee a ae Woy 3. Service Type Priority Mail Express® ALA LA Cl Adult Signaturo Reg! istered Mall™ Adult Signature Rostrictad Delivery oR iste rad Mail Restricted | Certified Mail® Dalivery 1 Certified Mall Restricted Delivery 0 Bolum Recelpt for 9590 9402 3853 8032 3704 77 | ed mony r 1D Collecton Delivery ag ‘Sig nature Confirmation™ | gi lecton Delivery Rest ture Confirmation st eee gee! non FeMO/ be ht ‘ fe « (over Mai Rest Delivery?# 3 Domestic Return Recelpt : ’ PS Form 381 4, July 2015 PSN 7590-02-000-905 ae a