RCK IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Northern Division UNITED STATES OF AMERICA, * Plaintiff, * ve * Civil No. ASSORTED PERSONAL PROPERTY * (Gianforte) , * Defendant. * ++ .0000000. VERIFIED COMPLATNT FOR FORFETTURE The United States of America, through undersigned counsel, seeking forfeiture of various items of personal property that is more particularly described and identified in the attached Declaration and is hereinafter also referred to as "defendant property," respectfully presents to the Court the following: 1. This Court has jurisdiction over this forfeiture action pursuant to 28 U.S.C, sections 1345 and 1355, and 21 U.S.C, section 881. 2. Venue is proper in this Court pursuant to 28 U.S.C. section 1395 (b). 3. On or about February 26, 2008, the defendant property was seized from the residence of Scott Francis Gianforte at 600 Arbor Trace Drive, Apartment 201, Frederick, Maryland, by duly authorized investigators of the Frederick County Narcotics Task Force. 4, Once seized, the defendant property was placed in the custody of the Frederick County Narcotics Task Force in the District of Maryland, where it remains. 5. The defendant property is proceeds traceable to money furnished in exchange for a controlled substance in violation of 21U.S.C, §841, and, therefore, should be forfeited to the United states of America pursuant to 21 U.S.C. section 881 (a) (6). 6, The forfeiture is based upon, but not limited to, the evidence outlined in the attached Declaration of Matthew Belin, Trooper First Class, Maryland State Police, which is incorporated herein by reference. WHEREFORE, the plaintiff prays as follows: That any persons having an interest in the above-described defendant property be cited to appear herein and answer the Complaint; hat a Warrant in xem issue to the United states Marshals Service commanding them to arrest the defendant property; That Judgment of Forfeiture be decreed against the defendant property; 4, That upon Final Decree of Forfeiture, the United states Marshals Service should dispose of the defendant property according to law; and 5. That the plaintiff have euch other and further relief as the case may require. Respectfully submitted, Rod J. Rosenstein United States Attorney November 13, 2008 Richard C. Kai Assistant United States Attorney 36 South Charles Street Fourth Floor Baltimore, Maryland 21201 (410) 209-4800 Bar No. 06766HEADQUARTERS FREDERICK COUNTY LAW ENFORCEMENT CENTER 110 Aitport Drive Past Frederick, Md, 21701 301-600-1046 301-600-1527 (Fax) 301-600-7685 (ITY) JUDICIAL OPERATIONS 100 W, Patrick Street Frederick, Md, 21701 301-600-2162 301-600-3690 (Fax) November 3, 2008 FREDERICK COUNTY SHERIFF’S OFFICE CHARLES A. JENKINS SHERIFF DECLARATION DETENTION CENTER/ ‘CENTRAL BOOKING 7300 Marcie’s Choice Lane rederiok, Md. 21704 301-600-2550 (D.C) 301-600-2566 (D.C. Fax) 301-600-1790 (CB) 301-600-1791 (CB. Fax) WORK RELEASE CENTER 7281 Marie's Choice Lane Fredes 301-600-3404 (Fax) On or about 3/21/06 the Frederick County Narcotics Task Force recelved Information from a concerned citizen that a white male by the name of SCOTT FRANCIS GIANFORTE was residing at 134 East 5" Street, Frederick, Matyland and was involved in the distribution of cocaine: On 3/28/06 members of the Frederick County Narcotics Task Force recovered trash belonging to the above residence that contained baggies with cocaine residue. From that trash pull a search and seizure warrant was Issued for the address and was executed on April 20, 2006. Asa result of the search warrant a digital scale, baggie containing marijuana, rolling papers, baggie containing cocaine and US currency were removed from the home, On January 4, 2007 SCOTT FRANCIS GIANFORTE was charged by criminal summons. (On 8/22/2007 the Fredererick County Narcotics Task Force received an anonymous tip stating the SCOTT FRANCIS GIANFORTE was dealing cocaine in the Frederick area, As. result of this tip the Frederick County Narcotics Task Force began an investigation. On 01/03/2008, an electronic intercept order was authorized by Judge Dwyer of Frederick for investigators to listen to SCOTT FRANCIS GIANFORTE’S phone calls on his cell phone line number 301- 471-7577. From this intercept it was determined that Mr. GIANFORTE was Involved in what they believed to be CDS transactions, ©n 02/26/2008, investigators then obtained a search and seizure warrant for GIANFORTE's residence at 600 Arbor Trace Drive, Apartment 201, Frederick, Md. After a thorough search of the residence investigators seized several thousand dollars of personal property from his residence to include: