United States District Court, N.D. Indiana, Hammond Division
Claimant Shaft Jones, pro se
Claimant Latonia Jones, pro se.
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE.
matter is before the Court on a Defendant [sic] Jones Motion
to Dismiss or Strike, and for Summary Judgment [DE 49], filed
on April 27, 2016, by Claimant Shaft Jones; a Defendant [sic]
Jones Motion to Dismiss or Strike, and for Summary Judgment
[DE 53], filed on May 4, 2016, by Claimant Latonia Jones; and
a Motion for Summary Judgment [DE 59], filed on June 20,
2016, by Plaintiff the United States of America. Claimants
Shaft Jones and Latonia Jones are both proceeding pro se.
April 20, 2012, the United States of America filed a Verified
Complaint in Rem against the defendant property. On June 5,
2012, Shaft Jones filed an Answer to Complaint in Rem.
10, 2012, this litigation was stayed until the completion of
the Government's related criminal case against Shaft
Jones (Northern District of Indiana cause number 1:11-cr-78).
January 20, 2015, Latonia Jones filed an Answer to Verified
Complaint in Rem.
November 4, 2015, the Court lifted the stay of this
April 27, 2016, Shaft Jones filed a Defendant Jones Motion to
Dismiss or Strike, and for Summary Judgment and filed a
memorandum in support. On May 4, 2016, Latonia Jones filed a
Defendant Jones Motion to Dismiss or Strike, and for Summary
Judgment and filed a memorandum in support. On June 20, 2016,
the Government filed a consolidated response to both of these
motions. On June 29, 2016, Shaft Jones filed a supplement to
his motion. On July 11, 2016, Shaft Jones filed a
document that the Court, in an Order dated August 24, 2016,
construed as Shaft Jones's omnibus reply in support of
his summary judgment motion and response to the
Government's motion identified below. Latonia Jones did
not file a reply in support of her motion, and the time in
which to do so has expired.
Claimants asserted in their Motions for Summary Judgment that
they had not received “proofread” copies of the
Complaint, the Court, on August 24, 2016, directed the Clerk
of Court to send each Claimant a copy of the Complaint.
20, 2016, the Government filed a Motion for Summary Judgment.
On July 11, 2016, Shaft Jones filed a document, which the
Court, in an Order dated August 24, 2016, construed as Shaft
Jones's omnibus response to the Government's motion
and reply to his own motion as identified above. The
Government filed a reply in support of its summary judgment
motion on September 13, 2016.
parties orally agreed on the record to have this case
assigned to a United States Magistrate Judge to conduct all
further proceedings and to order the entry of a final
judgment in this case. Therefore, this Court has jurisdiction
to decide this case pursuant to 28 U.S.C. § 636(c).
December 7, 2011, Mr. Jones was arrested following his
attempt to purchase 15 kilograms of cocaine from a
confidential source working with the Drug Enforcement
Administration (DEA). Mr. Jones was charged with and
ultimately convicted of conspiracy to possess with intent to
distribute cocaine, attempt to possess with intent to
distribute cocaine, and carrying a firearm during and in
relation to a drug trafficking crime.
Jones drove to the location where the drug purchase was to
take place in the defendant 2008 Cadillac Escalade (VIN #
1GYFK66848R211062). A search of the Escalade revealed $353,
443.00 in U.S. currency, a firearm, ammunition, and firearm
accessories. A pat-down search of Mr. Jones at the time of
his arrest revealed a loaded handgun and additional
ammunition for the handgun. The U.S. currency and vehicle
were seized and are defendants in the instant litigation.
search of Mr. Jones's residence revealed additional
items, including $315, 221.00 in U.S. Currency, $6, 059.00 in
U.S. Currency, firearms, ammunition, stun guns, night vision
device headgear, digital scales, and a money counter. The two
amounts of U.S. currency have been seized and are defendants
in the instant litigation.
December 11, 2011, pursuant to a federal seizure warrant, the
DEA seized the defendant bank account funds at Wells Fargo
Bank, and these funds are defendants in the instant
Jones stated to a confidential source working with the FBI
that he had previously purchased 90 kilograms of cocaine and
that he had been selling cocaine for a long time.
Entertainment, Inc. was incorporated on April 14, 2010.
Claimants contend that Mr. Jones earned the defendant
currency and funds through Shaft Entertainment, Inc.
Entertainment, Inc. did not file any federal tax returns for
tax periods ending March 31, 2006, through December 31, 2010.
Jones filed tax returns for 2006 through 2011 reporting the
following adjusted gross income:
2006: $9, 666
2007: $15, 668
2008: $11, 500
2009: $12, 989
2010: $14, ...