Case 2:17-cv ODW-AFM Document 1 Filed 03/31/17 Page 1 of 7 Page ID #:1

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1 Case :-cv-000-odw-afm Document Filed 0// Page of Page ID #: 0 0 SANDRA R. BROWN Acting United States Attorney LAWRENCE S. MIDDLETON Chief, Criminal Division STEVEN R. WELK Chief, Asset Forfeiture Section KATHARINE SCHONBACHLER California Bar No. Asset Forfeiture Section Federal Courthouse, th Floor North Spring Street Los Angeles, California 00 Telephone: () - Facsimile: () - Katie.Schonbachler@usdoj.gov Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. ONE SUPER PANGA BOAT EQUIPPED WITH FOUR YAMAHA 0 HP OUTBOARD MOTORS, Defendant. WESTERN DIVISION No. CV -000 VERIFIED COMPLAINT FOR FORFEITURE U.S.C. (a)() [C.B.P.] Plaintiff United States of America brings this claim against defendant One Super Panga Boat Equipped With Four Yamaha 0 HP Outboard Motors, and alleges as follows: (a)(). JURISDICTION AND VENUE. The government brings this in rem forfeiture action pursuant to U.S.C.

2 Case :-cv-000-odw-afm Document Filed 0// Page of Page ID #: 0 0. This Court has jurisdiction over the matter under U.S.C. and.. Venue lies in this district pursuant to U.S.C. (a). PERSONS AND ENTITIES. The plaintiff in this action is the United States of America.. The defendant in this action is One Super Panga Boat Equipped With Four Yamaha 0 HP Outboard Motors (the defendant panga ). The defendant panga was seized on or about April 0, 0, by the Santa Barbara County Sheriff s Office on Tajiguas Beach in Santa Barbara, California.. The defendant panga is currently in the custody of the Department of Homeland Security ( DHS ) in this District, where it will remain subject to this Court s jurisdiction during the pendency of this action.. The interests of Travis Lobo and Marcel Quintero may be adversely affected by these proceedings. BASIS FOR FORFEITURE. On April 0, 0, at approximately :00 a.m., the Santa Barbara County Sheriff s Office received a report of an abandoned vessel on the beach at Tajiguas Cove, immediately west of Refugio State Beach in Santa Barbara, California. Travis Lobo ( Lobo ), who identified himself as a local fisherman, observed a vessel (i.e., the defendant panga) on the beach. Lobo did not see anyone on the defendant panga so he believed it was abandoned. Lobo wrote the words Salvage Claim on the side of the defendant panga, along with his name and phone number, and then asked his attorney to notify authorities about the defendant panga.. A Santa Barbara County Sheriff officer responded to the location and found an approximately 0-foot long empty panga boat equipped with four 0HP outboard motors (i.e., the defendant panga) on Tajiguas Beach near the south end of the cove. The officer conducted a cursory search of the defendant panga and verified no one was onboard. The officer noted that the defendant panga had a built-in fuel tank with an

3 Case :-cv-000-odw-afm Document Filed 0// Page of Page ID #: 0 0 estimated capacity of,00 gallons. The officer also saw four plastic -gallon fuel containers on the defendant panga. Search of the Defendant Panga 0. Officers from the United States Coast Guard and the United States Immigration and Customs Enforcement also responded to the location of the defendant panga and found several large black tarps, an assortment of pills, q-tips, markers, tools, buckets, three sets of slickers, clothes, flip-flops, rubber gloves, and several life jackets on the defendant panga. One of the life jackets was labeled Titon Castillo. Officers also found a number of food wrappers with price tags and labels in Spanish inside the defendant panga. Officers also observed a large tarp that was capable of covering the entire length of the defendant panga, which was indicative of a large narcotics load.. In the immediate area surrounding the defendant panga, officers observed empty cigarette packs and a pack of rolling papers with labels written in the Spanish language. Officers also found pieces of clothing, shoes, a carry-on suitcase and a blanket on the beach near the defendant panga. Scattered along the footpath leading to the roadside were many pieces of black plastic, some with tan packing tape, as well as many pieces of twine or rope. Officers also found two cell phones.. Officers found chunks of marijuana in the defendant panga. A trained, state-certified narcotic detection canine conducted a sniff test of the defendant panga and positively alerted, which signifies that the defendant panga had been in close proximity with narcotics.. Officers searched the coastline near the defendant panga and observed several well-traveled trails from the defendant panga to the US Highway 0 ( US 0 ). Officers also found several large plastic wrappings in the area with obvious marijuana residue and shake. One of the trails was wet with evidence of person(s) recently traveling on the trail from the ocean to the US 0. The trail led to a chemical Smugglers often use tarps during daylight hours to conceal contraband and avoid detection from law enforcement.

4 Case :-cv-000-odw-afm Document Filed 0// Page of Page ID #: 0 0 light, which is a military grade-type glow stick with a fluorescent glow, that had been placed on the guard rail. Officers believed the chemical light was used as a marker for load drivers so they could identify the trail used to bring marijuana through. Based on the officers training and experience, officers concluded that the defendant panga had been used to smuggle narcotics into the United States from Mexico using the Santa Barbara County Coast line. Based on the size of the defendant panga, officers estimated that it was capable of transporting 0,000 pounds of contraband.. The defendant panga was equipped with four Yamaha outboard motor engines with serial numbers AW-X-00. AW-X-000, AX-X-00 and AX-X-000. Yamaha Motor Corporation ( Yamaha Corp. ) records reveal that the four motors were shipped to Catalina Marina in Tucson, Arizona and were purchased by Marcel Quintero ( Quintero ) on or about January, 0 and January, 0. Quintero had submitted warranty registrations for the four motors. Yamaha Corp. records also reflect that in addition to the four motors found on the defendant panga, Quintero was the registered owner of three additional Yamaha 0 HP outboard motors purchased from Catalina Marina.. Export records from the Department of Homeland Security show that all seven Yamaha motors purchased by Quintero were exported from the United States to Mexico by Servicios Hnos, Leal, S.A. de C.V., located in Sinaloa, Mexico, through the San Luis, Arizona and Nogales, Arizona ports of entry. Information obtained from the Arizona Department of Economic Security shows that Quintero has no reported income, private business or corporations listed in his name. Investigation of Quintero. Officers identified Quintero as the subject of two separate narcotics investigations conducted by the Department of Homeland Security, Homeland Security Investigations ( HSI ) in Nogales, Arizona. The first investigation began in April 00 and involved a cocaine smuggling investigation for which Quintero was identified as being associated. The second investigation began in March 00 and involved a drug

5 Case :-cv-000-odw-afm Document Filed 0// Page of Page ID #: 0 0 trafficking organization that smuggled bulk marijuana from Mexico to Arizona. Based on this information, officers believe that Quintero is associated with the Sinaloa cartel.. A criminal history check of Quintero indicates that he was arrested on July, 00 in Nogales, Arizona, for driving on a suspended license and carrying a concealed weapon without a permit. On January 0, 00, Quintero was arrested in Nogales, Arizona for driving a Ford pickup truck transporting bales of marijuana weighing a total of. pounds. Quintero was also arrested on December, 00 in Nogales, Arizona and charged with transportation of marijuana and possession of marijuana for sale.. Based on the above, plaintiff alleges that the defendant panga was used, or intended to be used, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of a controlled substance or listed chemical, in violation of U.S.C. et seq. The defendant panga is therefore subject to forfeiture pursuant to U.S.C. (a)(). WHEREFORE, plaintiff United States of America prays: (a) that due process issue to enforce the forfeiture of the defendant panga; (b) that due notice be given to all interested parties to appear and show cause why forfeiture should not be decreed; (c) that this Court decree forfeiture of the defendant panga to the United States of America for disposition according to law; and // //

6 Case :-cv-000-odw-afm Document Filed 0// Page of Page ID #: 0 0 (d) for such other and further relief as this Court may deem just and proper, together with the costs and disbursements of this action. Dated: March, 0 SANDRA R. BROWN Acting United States Attorney LAWRENCE S. MIDDLETON Chief, Criminal Division STEVEN R. WELK Chief, Asset Forfeiture Section /s/ KATHARINE SCHONBACHLER Attorneys for Plaintiff United States of America

7 Case :-cv-000-odw-afm Document Filed 0// Page of Page ID #: VERIFICATION I, Kevin K. Mcl.aughlin, hereby declare that:. I am a Special Agent with the Department of Homeland Security - Homeland Security Investigations ("DHS-HSI") and am the case agent for the civil forfeiture matter entitled United States of America v. One Super Panga Equipped With Four Yamaha 0 HP Motors.. I have read the above Verified Complaint for Forfeiture and know its contents. It is based upon my own personal knowledge and reports provided to me by other law enforcement agents. 0. Everything contained in the Complaint is true and correct, to the best of my knowledge and belief. I declare under penalty of perjury that the foregoing is true and correct. Executed March 0, 0 in ~."'" CI. Y' ~ \ \ 0, California. Kevin K. McLaughlin 0