KHP vs. 2018 Big Tex Trailer; 286 lbs. of marijuana Case 19CV12

(First Published in the Ellsworth County Independent/
Reporter, June 13, 2019)    

IN THE DISTRICT COURT
OF ELLSWORTH COUNTY, KANSAS
CIVIL DIVISION
             
STATE OF KANSAS, ex rel.
KANSAS HIGHWAY PATROL,   
Plaintiff,                 
v.                         Case No.  19 CV 12
2018 BIG TEX TRAILER,
    VIN#16VCX162XJ3030828;
286 POUNDS OF MARIJUANA;
Defendants.          
_________________________________
Pursuant to the Kansas Standard Asset Seizure
and Forfeiture Act,
K.S.A. 60-4101 et seq.               

NOTICE OF PENDING FORFEITURE   
Pursuant to K.S.A. 60-4109

NOTICE IS HEREBY GIVEN that the property described above as “defendants(s)” has been seized for forfeiture and is pending forfeiture to the Kansas Highway Patrol pursuant to the Kansas Standard Asset Seizure and Forfeiture Act (KSASFA), K.S.A. 60-4101 et seq.  If you have not previously received a Notice of Seizure for Forfeiture, this is notice pursuant to the Act. The property was seized by the Kansas Highway Patrol on November 17, 2018, on I-70 at milepost 225, in Ellsworth County, Kansas.  The value of the property has been set at $2,500.00; and the drugs have no lawful value.  The conduct giving rise to forfeiture and is: the property is alleged to be the proceeds of and/or was used or intended to be used to facilitate violation(s) of K.S.A. 21-5701 et seq, otherwise known as the Controlled Substances Act.   
Should you believe you have an ownership interest in the seized property, you should send copies of a verified claim to both the Plaintiff’s Attorney and the Seizing Agency.  While it is possible to draft your own claim, full completion of the appropriate enclosed form(s) may also constitute a verified claim.  If you do not claim any interest in the above property you are not required to respond to this Notice.  If there are no valid claims on the property, then the court may forfeit it to the Highway Patrol upon its request and proper showing of probable cause.  If you do choose to send a verified claim, you may also wish to file one with the court in the county listed at the top of this Notice.
You may also wish to consult with an attorney before deciding what is best for you.  However, if no valid claim is timely mailed within sixty (60) days of your service of this Notice, the Kansas Highway Patrol will ask a judge to forfeit your interest in the seized property, if any. Any claim shall comply with the requirements of true ownership documentation, as set out in K.S.A. 60-4111.  This statute requires the following be included in any claim:
1. The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint, the name of the claimant, and the name of the plaintiff's attorney who authorized the notice of pending forfeiture or complaint;
2. the address where the claimant will accept mail;
3. the nature and extent of the claimant's interest in the property; and
4. a detailed description of when and how the claimant obtained an interest in the property.
Failure to abide by the requirements above may cause the Court to find that the claim does not meet the requirements of a sufficient claim and dismiss it.  You should be aware that it is a crime to falsely allege an ownership interest in property or to provide other false information in a claim.
Further, pursuant to K.S.A. 60-4116(f), a claimant who fails to establish that a substantial portion of the claimant’s interest is exempt from forfeiture may be responsible to pay the reasonable costs, expenses and attorney fees of other claimants and the State.
Should a valid claim(s) be timely filed, the State will respond with a judicial petition for forfeiture, and this matter will proceed toward a trial.

The law enforcement agency’s copy of your claim / petition for recognition of exemption should be mailed to:
Lt. Dax Lewis, KHP,
122 SW 7th St., Topeka, Kansas 66603.

The Plaintiff’s attorney’s copy of your claim / petition for recognition of exemption should be mailed to:
Sarah E. Washburn, KHP,
122 SW 7th St. Topeka, Kansas 66603

If you choose to file a copy with the district court, it should be mailed to:
Clerk of the Ellsworth County District Court,
210 N. Kansas Avenue, Ellsworth, KS 67439-3110.

Please note that pursuant to statute, “it is permissible to assert the right against self-incrimination in a claim. If a claimant asserts the right, the court, in the court's discretion, may draw an adverse inference from the assertion against the claimant. The adverse inference shall not, by itself, be the basis of a judgment against the claimant.”  
Issued this 8th day of March 2019.

Sarah E. Washburn #24687
Legal Counsel/Special Assistant Attorney General
Kansas Highway Patrol
122 S.W. 7th Street
Topeka, Kansas 66603-3847
(785) 296-6800
(785) 296-1790 Fax
Sarah.washburn@ks.gov

3t 6/27