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Case 6:15-cv-01113-MA

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DECLARATIO N of CHRISTO PHER M. LUH

1, Christopher M. Luh, do hereby declare:

BACKGROUN D/EXPERIENCE
I . I am a Special Agent of the Federa l Bureau of Investigation (FBI), and have been
employed in this capacity since 2008. Prior to the FBI. I was a Police Officer with the Austin.
Texas, Police Department. I am currently assigned to the Inter-Agency Narcotics Enforcement
Team (INET). I have received training in the investigation of money laundering violations. 18
U.S.C. 1956 and 1957, as well as controlled substance violations, 21 U.S.C. 841.

PURPOSE OF THIS DECLARATION


2. This declaration is offered in support of a complaint in rem seeking forfeiture of the
following property:
$183.106.00 U.S. Currency;
$1 ,538. 18 in Funds;
2000 Customized Motorcycle YIN: I CFLR0400008 12;
2007 Custom Motorcycle YIN: I W9SJ25067P279856;
11 Miscellaneous Firearms. Accessories, and Ammunition (Exhibit I to the
Complaint); and
Miscellaneous Personal Property (Exhibit 2 to the Complaint).
The above described property was purchased in whole or in part with proceeds
derived from the sale of a controlled substance and money laundering and, as such, is subject to
forfeitu re pursuant to 18 U.S.C 98l(a)(l)(A). Additionally, the property is subject to forfeiture
pursuant to 21 U .S.C. 881 (a)(6) as it constitutes or was derived from proceeds traceable to
violations of21 U.S .C. 84 1(a)(l).
3. The information contained in this declaration is information known to me from my
training and experience, by personal knowledge, and by wri tten and oral reports of other law

Declaration of Christopher M. Luh

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enforcement officers involved in the inves tigation. Since this declaration is being submitted for
the limited purpose of a complaint in rem for forfeiture, I have not included each and every fact
known to me concerning this investigation but only information sufficient to show probable
cause that the property in question is subject to seizure and forfeiture. This declaration involves
an investigation by INET, the FBI and the United States Postal Inspection Service into
individuals named Eric L. Scully, Joan M. Scully, and Krystin M. Livingston.

Applicable Law
4. 21 U.S.C. 841(a)( l ) provides in part:
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or
intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture,
distribute, or dispense. a controlled substance [marijuana].
5. 21 U.S.C. 881 (a) provides, in part:
The fo llowing shall be subject to forfeiture to the United States and no property ri ght
shall exist in them:
a.

All moneys, negotiable instruments, securities, or other things of value furnished or

intended to be furn ished by any person in exchange for a controlled substance or listed
chemical in violation of this subchapter. all proceeds traceable to such an exchange, and
all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of this subchapter. 2 1 U.S.C. 841 (a)(6).
6. Title 18, U.S.C., 1956, 1957. Money Laundering, provide, in part:
a.

Whoever, knowing that the property involved in a financial transaction represents the
proceeds of some fonn of unlawful activity, conducts or attempts to conduct such a
financial transaction which in fact involves the proceeds of specified unlawful

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activity with the intent to promote the unlawful activity knowing that the transaction
is designed to conceal the nature of the proceeds shall be sentenced to a fine of not
more than $500,000 or imprisonment for not more than twenty years, or both. In
addition, whoever knowingly engages in a monetary transaction in criminally derived
property of a value greater than $ 10,000 derived from specific unlawful activity shall
be punished with a fi ne, imprisonment, or both.
7. 18 U.S.C 98 l(a)( l ) provides, in part, that the fo ll owi ng property is subject to
fo rfe iture to the Un ited States:
(A) Any property, real or personal, involved in a transaction or attempted transaction
in violation of Section 1956, 1957 or 1960, or any property traceable to such
property.

(C) Any property, real or personal, which constitutes or is derived from proceeds
traceable to any offense constituting "specific un lawful activity" under Section
1956(c)(7), or a conspiracy to commit such offense.
8. Under O regon law, ORS 475.304 sets fo rth rules governing marijuana Grow Sites.
Section 4 requires that a marijuana grow site registration card must be obtained and be posted
indicating for whom marijuana is being produced. ORS 475.304 section 7 sets parameters for
allowable expenses that may be reimbursed. Specifically, a registry card holder or designated
primary caregiver may reimburse the person responsible for a marijuana grow site for the costs
of supplies and utilities associated with the production of marijuana. No other costs associated
with the production of marijuana for the registry identification card holder (patient), including
the cost of labor, may be reimbursed.

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SUMMARY OF THE INVESTIGATION


9. In April , 2013, fNET received information from a source who wished to remain
anonymous. The tip reported that the owner of Blac Sheep Coffee, a coffee kiosk located at 795
W. 6th Avenue, Eugene, Oregon, identified by law enforcement as Eric L. Scully, had two to
three warehouse marijuana grow sites that net him about fifty pounds per nine week cycle. The
tip further stated that Scully sells the marijuana at $2,000 per pound and the coffee stand is not
open on a regular basis. The tip reported that Blac Sheep Coffee was a financial front for
laundering illegal drug proceeds.
I 0. INET Detective Keith Seanor was the lead investigator concerni ng Eric Scully and
the illegal production and sale of marijuana. Based on discussions with Detective Seanor and
other investigators participating in this investigation, I know that Eric Scully' s primary source of
income is believed to be from the sale of marijuana. I know that Joan Scully retired from the
Tucson, Arizona Public School System in May, 2014, and receives a pension in the amount of
approx imately $2.700 per month.
11 . On January 6, 20 I 5. Detective Seanor obtained a search warrant for three locations
associated with Eric Scully and the marijuana grow operations: 32683 I-Iidden Meadows Drive,
Eugene, OR; 74920 Conifer Court, Cottage Grove, Oregon; and 2600 Main Street, Units H-1 and
H-2, Springfield, Oregon. Detective Seanor also obtained search warrants for related bank
accounts resulting in the seizure of $1 ,538. 18 in Funds, comprised of: $178.11 from Oregon
Community Cred it Union, account in the name of Joan Scully; $ 1,009.62 from Pacific
Continental Bank, account in the name of Scully Enterprises LLC; and $350.45 from Bank of
America, account in the name of Eric Scully.

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12. On January 7, 2015, law enforcement executed the three search warrants at the above
described locations. Following is a summary of observations and items seized at each location.

32683 Hidden Meadows, Eugene, O R


13. Eric Scully, Joan Scully, and Krystin Livingston were present at the residence.
Several large black plastic bags full of marijuana were located in a downstairs bedroom.
Numerous items used fo r packaging and shipping marijuana, including cardboard boxes,
shipping labels, vacuum sealers, and latex gloves, were located in a downstairs media room. A
marijuana grow operation, including marijuana plants and a separate drying room, was located in
a storage building next to the residence. Approximately 194.5 pounds of marijuana and 85
marijuana plants were seized. A handwritten note was found at the residence which stated, in
part. " 750 pounds every 8 weeks sold @ 2560

= $1.920.000''.

14. A United States Postal Service shipping box was located in the media room. A
shjpping label on the box was addressed to an individual in Tucson, Arizona and the return
address was listed as, " Linda R. Baker, Wholelife Natura l B&B, 3680 W I stAve., Eugene, OR
97402." T he weight of the box was listed as 17.2 pounds. T he delivery date was li sted as January
8, 20 15, indicating that the box was to be mailed that day in order to arrive in Tucson the next
day. 1 determined that 3680 W 151 Ave. is a fictitious address, and I could find no record of Linda
R. Baker or Wholelife Natural B&B in Eugene, OR. Based on the location of the processed
marijuana and the shipping box and labels in the residence, I believe that these names are a
fict itious business and fictitious identity used to ship the marijuana to out-of-state customers.
15. Items seized during the execution of the search warrant included two custom
motorcycles, an Audemars Piguet wristwatch, $2,28 1.00 in U.S. currency, and a Kahr Arms,
model PM40, .40 Ca liber Pistol.

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74920 Conifer Court, Cottage Grove, OR

16. Items seized and li sted in this complaint included $179,860.00 in U.S. Currency
which was located in a Louis Vuinon bag, a Rolex 18k gold wristwatch, a Patek Philippe
wristwatch, several gold necklaces and rings, including custom made jewelry, miscellaneous
collectible coins and personal items, three rifles including an AK-47 assault rifle. seven
handguns, and a ballistic protection vest.
2600 Main Street, Units H-1 and H-2, Springfield, OR

17. Both warehouse storage units contained marijuana grow rooms. marijuana plants.
chemicals, nutrients, and other items used in the marijuana manufacturing process.
Approx imately 134 marijuana plants were seized.
18. INET Detective Curt Newell assisted in the search of the 2600 Main Street warehouse
units. While serving the search warrants, an individual identified as Timothy Courter arrived at
the location. Detective Newell interviewed Courter.
19. In summary, Courter stated that he was Eric Scully' s employee. Eric and his
girlfriend, Krystin Livingston, live in Cottage Grove. Eric' s mother, Joan Scu ll y, li ves in a house
on Hidden Meadows. There is a marijuana grow operation in the garage at the 1-fidden Meadows
house. The last time he (Courter) was at the Hidden Meadows location was one week ago. He
worked at that location and helped pop the marijuana buds off the plants which he then placed
onto screens. Eric and Krystin put the marijuana into the twister and totes. (Detective Newell
noted that a twister is a machine used in large commercial marijuana operations to quickly
harvest marijuana buds from marijuana plants.) Courter was asked if Eric and Krystin are the
main people responsible for the marijuana operation and he stated, "They are the bosses that I
answer to.'" Courter was asked if anyone else works for them and he stated. "Just me and Joan:
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Courter stated that he works between 20 and 30 hours per week and that he's paid $20 per hour
in cash. Detective Newell to ld Courter that he was seen at the warehouse location with a female,
and he (Courter) acknowledged that his girlfriend also works for Eric and Krystin helping to
harvest marijuana. and is also paid $20 per hour. Courter was asked if he knows about Eric or
Krystin shipping marijuana across the country and he said, 'I hea~ them say they gotta get
marijuana packaged and shipped out. I don ' t know where it goes."
20. A search of Lane County Property Tax records revealed that the property located at
32683 Hidden Meadows Drive, Eugene, Oregon, is owned by William Scott and Rebecca Sue
McAlexander.
21 . On January 9, 2015 , I interviewed Rebecca McAlexander concerning ownership of
the Hidden Meadows property. In summary, Ms. McAlexander stated she and her husband
entered into a land sale agreement with Eric Scully for the sale of the Hidden Meadows
residence. The contract was reviewed by attorney Matt Cox. (Based on a review of the contract.
detailed below, the date of the purchase was October. 20 12.) Under the terms of the agreement,
the McAlexanders would retain title to the property while Scully made monthly payments to
Cascade Escrow towards ownership of the property. Scu lly made an initial down payment of
$50,000.00 in 2012 at closing and an additional payment of$50,000 in 20 13. The McAlexanders
received both payments from Cascade Escrow. Scully also paid approximately $3,200.00 per
month on the contract. The monthly payments were made every month.
22. On January 15, 2015, Detective Seanor contacted attorney Matt Cox and obtained a
copy of the Land Sale contract relating to the sale of the Hidden Meadows property to Eric
Scully. The contract was dated October 18. 2012, and was signed by Scott McAlexander,
Rebecca McAlexander, and Eric Scully. The contract states that the purchase price was
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$579,000.00. A first down payment in the amount of $57,900.00 was due at closi ng and a second
down payment in the amount of $57,900.00 was due in 12 months. The down payments were in
addition to monthly payments in the amount of $3, 124.26.
23 . A search of Lane County Property Tax records revealed that property located at
74920 Conifer Court, Cottage Grove, OR, is owned by Christopher C. and Jennifer Arbogast.
24. On January 8, 2015, I interviewed Christopher Arbogast concerning ownership of the
Coni fer Court property. In summary, Mr. Arbogast stated that in May 20 14, he reached an
agreement to sell the property in a wraparound mortgage to Joan Marie Scully, who was moving
to Eugene from Tucson, Arizona. He met Joan Scully once, in June 2014, before closing on the
loan. Scull y had a son who was li ving in a residence off Dill ard Road. Joan Scully was going to
move into that property and her son was going to live in the Conifer Court residence.
25. Arbogast stated that the mortgage is managed by Evergreen Land Company in
Eugene. Under the terms of the agreement, Joan Scull y made a payment of approx imately
$200,000.00 shortly after closing, and Arbogast received approximately $ 168,000 from
Evergreen after closing costs. Each month Arbogast received a payment of $2,410.70 from Joan
Scully through direct deposits from Evergreen. Arbogast also received a check fro m Joan Scull y
in the amount of $4,430.00 for payment of property taxes.
26. I have reviewed records relating to the purchase of the Conifer Cour1 property. On
May 8, 20 14, Eric Scully wrote a check in the amount of $2,500.00 on his account at Bank of
America payable to Cascade Title and Escrow as earnest money for the purchase of Conifer
Court. On June 23,2014, Joan Scully deposited a cashier' s check in the amount of$188,173.34
into her account at Oregon Communi ty Cred it Uni on. Thi s check represents a disbursement from
Joan Scully's inheritance from her mother' s estate. On June 24, 2014, Eric Scully deposited a

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$9,500.00 cashier's check purchased with funds from his account at Bank of America into Joan
Scull y's account at Oregon Community Credit Union, and an additional $ 1,500.00 cash was also
deposited into Joan Scully's account. On June 26,20 14, Joan Scull y purchased a cashier's check
in the amount of$197.500.00 with funds from her Oregon Community Credit Union account
payable to Evergreen Land Title for the down payment on Conifer Court. Based on the above.
Joan Scully used funds from her inheritance and funds provided by Eric Scully to make the down
payment on the Conifer Court property.
27. I have reviewed records relating to Joan Scully's inheritance from her mother's
estate. The estate was valued at $827,953.29. Between December 2013 and May 2014, the estate
was liquidated. Joan Scully received $233,173.34 and Eric Scully received $8,333.51. The
majority of the proceeds were used for the down payment on the Conifer Court residence. The
remaining proceeds were insufficient to pay the substantial ongoing expenses paid by Eric and
Joan Scully detailed below.
28. Following the purchase of the Coni fer Court property, $2,500.00 cash was deposited
into Joan Scully's account at Oregon Community Credit Union each month, and a cashier's
check in the amount of $2,420.70 was purchased payable to Evergreen Land Title for the
monthly payment. On November 26, 2014, $4.43 1.00 cash was deposited into Joan Scully's
account, and on the same day a cashier's check in the amount of $4.430.20 was purchased with
funds in the account and made payable to Christopher Arbogast for '"Conifer Property Tax.'
Given that Joan Scull y's pension is approximately $2,700.00 per month and Eric Scully has no
known legitimate income, r believe that proceeds from the marijuana grow operation provided
the cash necessary for the monthly payments and property taxes.

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29. I have conducted a preliminary financial analysis in order to determine the estimated
monthly expenses paid by Eric and/or Joan Scully. Estimated expenses are as follows:
Hidden Meadows monthly payment:
Hidden Meadows monthly utilities:
Conifer Court monthly payment:
Springfield warehouse monthly payment:
Springfield warehouse monthly utilities:
Tesla monthly payment:
Toyota Tundra monthly payment:
Marijauna tri mmers' monthly wages:

Total:

$3, 100.00
$2,100.00
$2,400.00
$4,000.00
$1,200.00
$ 1,600.00
$1 ,378.00
$3,200.00

$ 18,978.00

30. T he above listed expenses do not include normal monthly living expenses, including
food and entertainment, vehicle insurance, gas and maintenance, and do not include other
expenses associated with operating a large commercial marijuana grow operation, including
chemicals, lights, equipment, and shipping costs.
31. Following the execution of the above described search warrants, I have conducted
additional investigation including reviewing documentary evidence seized in the search warrants,
reviewing bank records relating to Eric and Joan Scully, interviewing witnesses, and reviewing
witness interview reports conducted by other investigators assisti ng in this investigation. This
investigation has revealed significant cash expenditures made by Eric and Joan Scully in addition
to the monthly expenditures detailed above.
32. Detective Seanor contacted the Oregon Department of Motor Vehicles (DMV) and
determined that Eric Scully has two motorcycles registered to him, a 2000 "Assembled"
motorcycle and a 2007 West Coast Chopper motorcycle. Both were purchased in July 2014. A
"Bill of Sale'' identified Eric Scully as the purchaser of the 2007 motorcycle for $26,000.00.
There are no lienholders, indicating that Scully paid cash for the motorcycle. These motorcycles
were seized during the search warrant and are contained in the property listed in the complaint.

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33. Detective Seanor interviewed the seller of the 2000 Assembled motorcycle who
resides in Fresno, Californ ia. The seller told him that he placed an ad on Craigslist and Eric
Scully called him and asked a few questions. The next day Eric Scully showed up with aU-Haul
and a Bank of America bag with $15,000 cash. Eric Scully gave the seller the cash, loaded the
motorcycle on the U-Haul , and drove away without even driving the motorcycle.
34. In August 2014, Eric Scully purchased a new Toyota Tundra pickup truck from
Kendall Ford. He paid approximately $10,000.00 down and is making monthly payments in the
amount of$1 ,378.00.
35. In September 2014, Joan Scull y purchased a new Tesla S automobile from Tesla
Motors of Portland, Oregon. The purchase price was approximately $ 118,020.00. Joan Scully
paid over $ 12,000.00 down and financed $106,2 18.00 from Wells Fargo Dealer Services. The
down payment included a cashier's check, dated September 29, 2014, in the amount of$9,575.00
purchased from funds in her account at Oregon Community Credit Union. On that same day,
cash in the amount of$9,700.00 had been deposited into her Oregon Community Credit Union
account which provided the funds for the down payment. Monthly payments in the amount of
approximately $1,600.00 are paid to Wells Fargo in a similar manner with a cash deposit
fo llowed by a cash ier' s check withdrawal. Specifically, after a cash deposit of $1 ,620.00 is made
into Joan Scully's account, on the same day a cashier's check payable to Wells Fargo in the
amount of$1 ,615.38 is withdrawn from the account. Eric Scully has been observed driving this
vehicle and has been cited for speeding in this vehicle.
36. On Apri l 3, 2015, United States Postal Inspector Will iam Melvin interviewed a
witness who told Melvin that he sold two watches to Eric Scully. Based on a review of evidence,
including financial records and text messages between Eric Scully and the witness, 1 believe that
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in April 2014, Eric Scully purchased an Audemars Piguet watch for over $20,000 cash and that
in December 2014, Eric Scully paid $29,000.00 cash for a Patek Philippe wristwatch. Both
watches were seized during the execution of the search warrants and arc contained in the
complaint.
37. During the execution of the search warrants. numerous receipts relating to payments
for goods and services were seized. I have reviewed a spreadsheet summarizing the receipts
which revealed that between May 201 1 and January 20 15, Eric Scully spent at least $197,000.00
in addition to the monthly living expenses and the vehicles and motorcycles detailed above.
Expenditures include $54.437.00 paid to Louis Yuitton. $19,200.00 to Tom Ford clothing,
$17,453.00 to Mario Mcns clothing, $16,961.00 to First American Title for the down payment
on a building located in Cottage Grove, Oregon, and $10,224.00 to Christian Louboutin men 's
clothing.
38. I have reviewed tax returns reporting income and expenses for Scully Enterprises
LLC and Eric Scully. individually, for the years 2011 through 2013. Eric Scully's sole source of
reportable income for each of the three years was from Scully Enterprises LLC. An Internal
Revenue Service form I 120S, reporting income and expenses for Scully Enterprises LLC, li sts
the nature of the business as "coffee shop.'
39. In 2011, Scull y Enterprises LLC reported a net operating loss in the amount of
$11,068.00. In 2012, Scully Enterprises LLC reported net income in the amount of$53,437.00.
Eric Scully reported this amount as his sole source of income in 2012, less a deduction in the
amount of $11,068.00 from the prior year's loss canyover, which resulted in an Adjusted Gross
Income of $42,369.00. This resulted in a federal tax liability in the amount of $4,459.00, which
was paid by Eric Scully. In 2013, Scully Enterprises LLC reported net income in the amount of

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$72.231.00. Eric Scully reported this amount as his sole source of income in 20 13. resulting in a
federal tax liability in the amount of $1 1,574.00, which was paid by Eric Scully. A note included
with Eric Scully's 20 13 tax return work papers indicates that he informed hi s accountants that he
was "working to transition out of coffee biz" and that he closed the business on December 15,
2013. The note further indicates that Eric Scully's new business in 2014 involved glass and ..aura
stones" .
40. Based on the above, the income reported by Eric Scully during the years 2011
through 2013, and the lack of any legitimate business income during 2014, establishes that his
income was wholly insufficient to afford the monthly living expenses and the extravagant
purchases including the vehicles, watches, jewelry. and high end clothing detailed above and
contained in the complaint.

CONCLUSION
41. I know from my training and experience that individuals engaged in the
manufacturing, distribution, and sale of controlled substances such as marijuana are often found
to possess large quantities of cash, marijuana, and grow equipment.
42. Persons involved in possession, manufacture, or d istribution of controlled substances
such as marijuana often come into large amounts of unexplained income from their drug dealings
and will frequent ly have expenditures which far exceed their reported legitimate income. They
frequently pay in cash, cashier's checks, or money orders for most of their large purchases so as
to conceal the source of their illegitimate income and launder the illegal proceeds.
43. I also know that individuals engaged in the manufacture, distribution, and sale of
marijuana will sometimes use the Oregon Medical Marijuana Program as cover for their illegal
activities. These individuals will often grow and/or possess more than their allotted amounts of

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marijuana and offer the excess for sale for profit in violation of the law. They will then use the
profits for personal expenditures such as the purchase of real estate. vehicles, jewelry, firearms
for personal protection, and other items. Detective Seanor told me that Eric Scully is a medical
marijuana patient who is authorized to grow marijuana at 2600 Main St. , Unit H-2, Springfield,
Oregon. As a medical marijuana patient, Scully's authorization to grow marijuana is limited to 6
adu lt plants at the 2600 Main Street location. 32683 Hidden Meadows is not an authorized
marijuana grow location.
44. Based on the facts set forth herein, as well as my training and experience, l believe
probable cause exists to show that the property listed below. which was seized during the search
warrants and contained in the complaint, was purchased in who le or in part with proceeds
derived from the sale o f a controlled substance and money laundering and. as such, is subject to
forfeiture pursuant to 18 U.S.C 981 (a)(! )(A) and (C). Additionall y, the property is subject to
forfeiture pursuant to 2 1 U.S.C. 881 (a)(6) as it constitutes or was derived from proceeds
traceable to violations of2 1 U.S.C. 841(a)(l).
$ 183, I 06.00 U.S . Currency;
$ 1,538. 18 in Funds;
2000 Customized Motorcycle YIN: 1CFLR040000812;
2007 Custom Motorcycle YIN: 1W9SJ25067P279856;
I I Mi scellaneous Firearms, Accessories, and Ammuniti on (Ex hibit 1 to the
Complaint); and
Miscellaneous Personal Property (Exhibit 2 to the Complaint).
I declare under penalty of perjury that the fo regoing is true and correct pursuant to 28

u.s.c. 1746.
Executed this

;g

day of June~
Christopher M. Luh, Special Agent
Federal Bureau of Investigation

Declaration of Christopher M. Luh

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