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USA v htmlcomics.com Warrant of Arrest in Rem Playboymonthly.com

USA v htmlcomics.com Warrant of Arrest in Rem Playboymonthly.com

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Published by Terry Hart

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Published by: Terry Hart on Sep 05, 2011
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09/05/2011

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDATAMPA DIVISION UNITED STATES OF AMERICA,Plaintiff,v.Case No. 8:10-cv-1214-T-27TBM PlayboyMonthly.com Defendant.
WARRANT OF ARREST
IN REM 
TO:THE UNITED STATES MARSHAL, OR ANY OTHER DULYAUTHORIZED LAW ENFORCEMENT OFFICER, FOR THE MIDDLEDISTRICT OF FLORIDAOn May 27, 2010, the United States filed a Verified Complaint forForfeiture
in Rem 
in the United States District Court for the Middle District ofFlorida and alleged that the internet domain name PlayboyMonthly.com issubject to seizure and forfeiture pursuant to 18 U.S.C. § 2323(a), as propertyfacilitating criminal copyright infringement, in violation of 18 U.S.C. § 2319.Having reviewed the Verified Complaint for Forfeiture
in Rem 
, this Courtfinds that in accordance with Supp’l Rule G(3)(b)(ii), Supplemental Rules forAdmiralty or Maritime Claims and Asset Forfeiture Actions, probable cause existsto believe that the defendant property, which is not currently in the United States’possession, custody, or control or subject to a judicial restraining order, is subjectto forfeiture pursuant to 18 U.S.C. § 2323(a).WHEREFORE, YOU ARE HEREBY COMMANDED to arrest and seize
Case 8:10-cv-01214-JDW-TBM Document 2-2 Filed 05/27/10 Page 1 of 4 PageID 21
 
the defendant property by executing this Warrant of Arrest
in Rem 
and serving acopy of it on the custodian in whose possession, custody, or control the propertyis presently found, and to use whatever appropriate means to protect andmaintain the property in your custody until further Court order. If the character orsituation of the property is such that the taking of actual possession of theproperty is impracticable, you shall execute process by affixing a copy of theWarrant to the property in a conspicuous place and by leaving a copy of thecomplaint and process with the person having possession or his agent.YOU ARE FURTHER COMMANDED to provide notice of this action to anyperson thought to have an interest in or claim against the defendant property byserving such person a copy of this Warrant and a copy of the Verified Complaintfor Forfeiture
in Rem 
in a manner consistent with the principles of service ofprocess for an action
in rem 
under Supp’l Rule G of the Supplemental Rules forAdmiralty or Maritime Claims and Asset Forfeiture Actions.At the discretion of the United States Marshals Service, any federal, state,or local law enforcement officer is authorized to accompany and assist a DeputyUnited States Marshal in executing this Warrant of Arrest
in Rem 
.A RETURN of this Warrant of Arrest
in Rem 
shall be made promptly to theClerk of the United States District Court in Tampa, Florida, and shall identify theindividuals upon whom copies were served, the manner employed, and astatement as to the satisfaction of the orders herein issued.2
Case 8:10-cv-01214-JDW-TBM Document 2-2 Filed 05/27/10 Page 2 of 4 PageID 22
 
Pursuant to 18 U.S.C. § 983(a)(4), any person claiming an interest in thedefendant property shall file a Verified Statement of Right or Interest assertingsuch person’s interest in the property in a manner set forth in Supp’l Rule G,Supplemental Rules for Admiralty or Maritime Claims and Asset ForfeitureActions, within thirty-five (35) days after direct notice of the complaint was sentunder Rule G(4)(b); or, under Rule G(5)(a)(ii)(B), within thirty (30) days of thefinal date of publication if direct notice was not sent; or, under RuleG(5)(a)(ii)(C)(1), within sixty (60) days after process was executed on theproperty under Rule G(3) if notice was not published or sent directly and theproperty was not in the government’s possession, custody, or control.Within twenty (20) days of filing the claim, the claimant shall also file anAnswer to the Verified Complaint. The claimant shall file the Verified Statementof Right or Interest and Answer, with the Office of the Clerk, United States DistrictCourt, 801 N. Florida Avenue, Tampa, Florida 33602. Copies of the VerifiedStatement of Right or Interest and the Answer to the Complaint are to be sent toA. Brian Albritton, United States Attorney, 400 N. Tampa Street, Ste. 3200,Tampa, Florida 33602, Attn: Josephine W. Thomas, Assistant United StatesAttorney. Failure to follow this procedure may result in the entry of a default judgment.Instead of, or in addition to, filing a Statement of Right or Interest, anyperson or entity claiming an interest in the defendant property may file a Petition3
Case 8:10-cv-01214-JDW-TBM Document 2-2 Filed 05/27/10 Page 3 of 4 PageID 23

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