U.S. v. Wade
| Decision Date | 05 November 2002 |
| Docket Number | No. 6:95CR140ORL22JGG.,6:95CR140ORL22JGG. |
| Citation | 230 F.Supp.2d 1298 |
| Parties | UNITED STATES of America v. Ronald WADE |
| Court | U.S. District Court — Middle District of Florida |
Daniel N. Brodersen, Miller, South & Milhausen, P.A., Winter Park, FL, Charles Michael Greene, Law Office of Charles M. Greene, P.A., Orlando, FL, for Ronald Wade.
Roberta Kohn, Shapiro & Fishman, Tampa, FL, for Alliance Mortgage Co.
Anita M. Cream, U.S. Attorney's Office, Tampa, FL, for U.S.
This cause is before the Court on Defendant Ronald Wade's Renewed Motion to Compel the Return of Seized Property (Doc. No. 391) filed on January 15, 2002.
The United States Magistrate Judge has submitted a report recommending that the Motion be denied.
After an independent de novo review of the record in this matter, including the objections filed by the Defendant (Doc No. 435), the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendations.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed September 10, 2002 (Doc. No. 428) is ADOPTED and CONFIRMED and made a part of this Order.
2. Ronald Wade's Renewed Motion to Compel the Return of Seized Property (Doc. No. 391) is DENIED.
3. This Court's Order entered August 8, 2001 granting Wade's Motion for Return of Seized Property as unopposed (Doc. No. 366) is hereby VACATED.
This cause came on for consideration at hearing on February 27, 2002 on the following motion:
THEREON it is RECOMMENDED that the motion be DENIED.
Defendant Ronald Wade ("Wade") moves to compel the return of funds seized from him and administratively forfeited by the Drug Enforcement Administration ("the DEA"). Wade makes two arguments. First, Wade claims that the DEA illegally confiscated the funds during a stop and search of his vehicle. Second, Wade claims that his multiple transfers between correctional facilities denied him a meaningful opportunity to object to the DEA's administrative forfeiture. Because this Court lacks jurisdiction to review the merits of the administrative forfeiture, and because Wade received adequate notice of the forfeiture proceedings, Wade's motion should be DENIED.
On June 27, 1995, pursuant to the DEA's request, the Florida Highway Patrol stopped Wade while Wade traveled southbound on Interstate 95 toward Miami, Florida. Prior to the stop, the DEA received information from a wiretap that Wade planned to travel to Miami, Florida to purchase cocaine. The DEA also believed that Wade transported money for that purpose. With Wade's consent, the Florida Highway Patrol Trooper, Ronald Roberts, conduced a search of the vehicle. Trooper Roberts found a bag containing $24,990.11 in U.S. currency. Trooper Roberts also found a briefcase, but he did not open it.
At some point during the search, another trooper arrived. Wade was placed in the back of that trooper's car. Thereafter, DEA Special Agent Russ Wise arrived. Agent Wise opened the briefcase and discovered additional cash—approximately $1,000. Agent Wise then advised Wade of his Miranda rights. Wade did not respond. Agent Wise asked Wade some questions, and then asked if the money in the vehicle belonged to him. Wade responded that only the money in the briefcase belonged to him—not the $24,990.11 found in the bag. Wade then signed a release form concerning the $24,990.11. Docket No 145 at 13. For most of this time, Wade was not at liberty to leave. Trooper Roberts ultimately issued Wade a traffic citation, and released Wade.
Approximately a month later, on July 21, 1995, the Grand Jury charged defendant Ronald Wade, co-defendant Dentze Denise Abner, and another person with conspiracy to possess and to distribute cocaine base and cocaine hydrochloride. Docket No. 1. The indictment also included forfeiture allegations pursuant to 21 U.S.C. § 853. On July 21, 1995, the DEA arrested Wade. Also on that date, the DEA conducted a search of 623 Marion Street, Daytona Beach, Florida—a residence shared by defendant Wade and co-defendant Dentze Abner. During the search, the DEA seized $2,993, along with drugs and drug paraphernalia.
On December 15, 1995, Wade moved to suppress all evidence seized during the search of Wade's vehicle and residence. Docket No. 132. After holding a full evidentiary hearing, the Honorable Anne C. Conway denied Wade's motion to suppress, finding the stop and search lawful. Docket No. 145. Judge Conway further found no violation of Wade's Miranda rights. All of Wade's statements to Agent Wise were held to be admissible. Docket No. 145 at 13—15.
Wade's criminal trial took place from January 16, 1996 through January 18, 1996. At trial, Agent Wise testified about his conversations with Wade on June 27, 1995. See Trial transcript at 89—91. During his testimony, the government introduced into evidence the waiver form Wade had signed disclaiming any interest in the $24,990.11.1 Docket No. 398, Government Exhibit ("GX") 1.
After a jury trial, the jury found Wade guilty as charged. See Docket No. 125. On April 5, 1996, Judge Conway sentenced Wade to life in prison. Docket No. 202. The United States Court of Appeals for the Eleventh Circuit affirmed Wade's conviction and sentence on February 10, 1998, and the United States Supreme Court denied certiorari on October 5, 1998. United States v. Wade, 136 F.3d 1330 (11th Cir.), cert. denied 525 U.S. 907, 119 S.Ct. 244, 142 L.Ed.2d 201 (1998).
Meanwhile, under the authority of 21 U.S.C. § 881, the DEA initiated forfeiture proceedings against the currency seized— the $24,990.11 the $2,993—following the administrative procedure in 19 U.S.C. § 1607.
Even though Wade had disclaimed any interest in the $24,990.11, the DEA provided Wade with written notice of the administrative forfeiture of the $24,990.11 on July 31, 1995 by sending notice by certified mail to Wade's Daytona Beach address. Docket No. 396, Declaration of Vicki L. Rashid, Acting Forfeiture Counsel of the DEA ("Rashid's Aff.") at 2, Ex. 1. The DEA also published notice of the forfeiture in USA Today on three successive Wednesdays: August 9, 16, and 23, 1995. Rashid's Aff. at 2—3, Ex. 3. The direct written notice and published notices informed Wade of the procedure and time limits for filing a claim. Rashid's Aff. at 3, Ex. 1 and 3. Specifically, the notices explained that a claimant has the option of filing a claim and cost bond, or of filing an affidavit of indigency in lieu of the cost bond in order to contest the administrative forfeiture action. The published notices also stated that the deadline to file a claim was August 29, 1995—within twenty days from the first date of publication, August 9, 1995. Rashid's Aff. at 3, Ex. 1 and 3. In addition, the published and mailed notices explained the option of filing a petition for remission or mitigation with the DEA. Id.
On October 5, 1995, the DEA sent Wade a second direct written notice via certified mail to the Seminole County Jail. Rashid's Aff. at 3, Ex. 4. The notice was returned as undeliverable. Id., Ex. 5. On March 4, 1996, the DEA sent a third direct written notice directly to Wade via certified mail to the Osceola County Jail. Rashid's Aff. at 3, Ex. 6. On March 8, 1996, the Osceola County Jail accepted delivery of the notice. Docket No. 396, Rashid Aff. at 3, Ex. 7. The third notice extended the deadline for Wade to file a claim by twenty days. Wade responded to the third (March 4, 1996) notice sent to the Osceola County Jail, stating that he was unable to make bond. Docket No. 399, Defendant's Exhibit ("DX") 2.
On March 14, 1996, the DEA received Wade's response. Docket No. 396, Rashid Aff. 4, Ex 8. The DEA found Wade's response to be a defective claim for the seized property because: 1.) the claim did not include a bond or affidavit of indigency; and 2.) the claim was not executed and sworn to by the person alleging interest in the property, and no documentation was submitted authorizing an attorney to sign on behalf of that person. Docket No. 396, Rashid Aff. at 4, Ex. 9. On March 26, 1996, the DEA sent Wade via certified mail a letter rejecting his claim. Id. The DEA identified the claim's statutory defect, and provided Wade with an additional twenty days to correct the defect. DX 3, Docket No. 396, Rashid Aff. at 4, Ex. 9. The DEA also provided Wade with an "Affidavit to Proceed In Forma Pauperis in Lieu of Cost Bond." DX 3; Docket No. 396, Rashid Aff. at 4, Ex. 9.
On April 25, 1996, the DEA received a letter from Wade. DX4; Docket No. 396, Rashid Aff. at 4. Ex. 11. Wade stated that he had moved facilities in early April, that he was not able to complete his in forma pauperis affidavit, that he needed another set of claim forms, and that his new jail address was "Ronald Wade, SR., Lake County Jail, Reg. No. DIA-9-18691, 551 West Main Street, Tavares, Florida 32778." DX 4; Docket No. 396, Rashid Aff. at 4, Ex. 11.
On May 2, 1996, the DEA sent the documents that Wade had requested to his new jail address via certified mail, return receipt requested. The DEA gave Wade an additional twenty days to file a proper claim. Docket No. 396, Rashid Aff. at 4, Ex. 12. Wade claims, without supporting documentation, that on May 10, 1996, he was moved from Lake County Jail to Tallahassee. Nevertheless, on May 13, 1996, Lake County Jail accepted delivery of the DEA's May 2, 1996 correspondence. Docket No. 396, Rashid Aff. at 4, Ex. 13. The DEA's letter of May 2, 1996 gave Wade until June 3, 1996—twenty days from the receipt date of May 13, 1996—in which to submit a claim of ownership to the seized property. Wade failed to file a proper and timely claim or to request an extension by June 3,...
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