UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION COVINGTON

Case 2:14-cv-00125-WOB-JGW

UNITED STATES OF AMERICA Plaintiff

VS.

$11,000 IN UNITED STATES CURRENCY Defendant

Eastern District of Kentucky F ll ED

SEP 1 9 2014 AT COVINGTON

ROBERT R. CARR CLERK U.S. DISTRICT COlJR"

ANSWER BY CHARLES L. CLARKE, II TO VERIFIED COMPLAINT FOR FOREFEITURE IN REM

Following is my answer to Verified Complaint For Forfeiture In Rem filed by the United

States of America in the above case. I am not represented by counsel. Please allow me the

opportunity to correct any deficiencies if the Answer is insufficient in any way or untimely. The

numbered paragraphs correspond to the paragraphs as numbered in the Verified Complaint For

Forfeiture In Rem.

1. I deny that the property seized represents proceeds and facilitation of violations of 21

U.S. C. 84l{a){l).

2. I admit that the property was seized from me at the Cincinnati/Northern Kentucky

International Airport, Hebron, Kentucky. I do not know whether the property is in the

custody of the United States Marshal's Service in the Eastern District of Kentucky.

JURISDICTION AND VENUE

3. I do not know whether the Court has jurisdiction over this matter by virtue of28 U.S.C.

1345 and 1355.

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4. I deny that the Court has in rem jurisdiction over the property under 28 U.S.C. 1355. I

request that the Court deny the Plaintiff's request for the Court to issue an arrest warrant

in rem.

5. T do not know whether venue is proper in this district pursuant to 28 U.S.C. 1395(a) and

(c).

BASIS FOR FORFEITURE

6. I deny that the property was furnished or intended to be furnished in exchange for

controlled substances, was proceeds traceable to such an exchange, or was intended to be

used to facilitate the illegal sale of narcotics. I deny that the property is subject to

forfeiture to the United States of America pursuant to 21 U.S. C. 881(a)(6).

7. I deny that the facts as alleged in the affidavit of Task Force Officer William T. Conrad

form a lawful basis for seizing my property and initiating this Complaint. I deny that the

officer had probable cause for seizing my property. I am not involved in the sale of

narcotics and no drugs were found in my possession. Twas born in Cincinnati, Ohio and

spent most of my childhood there. I have family there, including a grandmother and

aunts, and was visiting friends and relatives, as I explained to the officer. I was shocked

and startled to be aggressively approached and questioned by two officers in front of

other passengers while simply waiting to board an airplane to return home. Instead of

returning home, I was jailed after the officers accused me of assault because I questioned

their right to take my property. I am a student and receive Veteran's benefits due to my

mother's disability and the property is mostly my savings from these benefits, as I

explained to the officer. The robbery charge cited by Officer Conrad in his affidavit

occurred while I was a juvenile and resulted in a lesser offense where I was given

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