USA v. One (1) 27 Center Console Vessel (PR-2881BB/ El Cadillac) and Two (2) Outboard Honda 150 HP Engines,

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA,
Plaintiff,
v.
ONE (1) 27’ CENTER CONSOLE VESSEL (PR-
2881BB/ EL CADILLAC) and TWO (2)
OUTBOARD HONDA 150 HP ENGINES,
Defendants
in Rem.
CIVIL NO. 24-1566 (JAG)
OPINION AND ORDER
GARCIA-GREGORY, D.J.
Pending before the Court is a Motion to Dismiss filed by Claimant Humberto Silva-
Maldonado (“Silva”) seeking dismissal of the Verified Complaint for Forfeiture in Rem
(“Complaint”) filed by the United States of America (“Government”). Docket No. 9. The
Government brought the Complaint against One (1) 27’ Center Console Vessel (PR-2881BB/ El
Cadillac) and Two (2) Outboard Honda 150 HP Engines (collectively the “Vessel”) pursuant to 19
U.S.C. § 1703. Docket No. 1. For the following reasons, the Motion to Dismiss is hereby DENIED.
STANDARD OF REVIEW
Under Rule G(8)(b) of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions (the “Supplemental Rules”), a claimant with standing in a civil forfeiture
case may move to dismiss an action for lack of jurisdiction or failure to state a claim upon which
relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6). See Supp. R. G(8)(b)(i). To survive
dismissal under this standard, a forfeiture complaint must “state sufficiently detailed facts to
support a reasonable belief that the government will be able to meet its burden of proof at trial.”
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Supp. R. G(2)(f). In a civil forfeiture trial, the government’s burden is to establish by a
preponderance of evidence that the property is subject to forfeiture. Id. at G(c)(3). Although the
pleading standard under Supplemental Rule G(2)(f) differs from the one under Fed. R. Civ. P. 8,
“a court can logically reference the caselaw from the latter and incorporate instructive principles
from those cases when assessing a civil forfeiture pleading.” United States v. $20,000 in U.S. Currency,
589 F. Supp. 3d 240, 251-52 (D.P.R. 2022) (cleaned up). Thus, when considering a motion to
dismiss a civil forfeiture pleading, the Court must accept as true all well-pleaded factual
allegations in a complaint and draw all reasonable inferences in the government’s favor. See id.;
Grajales v. P.R. Ports Auth., 682 F.3d 40, 44 (1st Cir. 2012).
Generally, the Court cannot “consider any documents that are outside of [the
Government’s] [C]omplaint, or not expressly incorporated therein, unless [Claimant’s] motion is
converted into one for summary judgment.” O’Rourke v. Hampshire Council of Gov’ts, 121 F. Supp. 3d.
264, 276 (1st Cir. 2015) (cleaned up). Yet, under some “narrow exceptions,” the Court may
consider some extrinsic documents without converting a motion to dismiss into a motion for
summary judgement. See id. These narrow exceptions are “documents the authenticity of which
are not disputed by the parties; official public records; documents central to plaintiff’s claim; [and]
documents sufficiently referred to in the complaint.” Id. (cleaned up). Accordingly, the Court shall
consider (1) the Registration of the Vessel, Docket No. 9-1; (2) Claimant’s Petition for Remission,
Docket No. 9-2; and (3) the Unsworn Declaration by the Department of Homeland Security
Special Agent, Nicole Osterman, Docket No. 3.1
1 The authenticity of these extrinsic documents is not disputed, the documents are integral to the
arguments asserted by the Parties, and the Unsworn Declaration by the Department of Homeland Security
Special Agent, Nicole Osterman, is specifically referenced in the Government’s Complaint. Likewise,
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Likewise, a civil forfeiture complaint can be supported with an affidavit that details the
factual allegations underlying its claims “as long as the affidavit, even if first filed under seal, is
made available to the claimant during the pendency of the matter.” $20,000 in U.S. Currency, 589 F.
Supp. 3d at 252 (citation omitted). Thus, “an unsworn declaration has like force and effect to an
affidavit if the writer declares in writing under penalty of perjury that it is true and correct.” Id.
(cleaned up).
ANALYSIS
I. Standing in Civil Forfeiture Claims
The Government contends that Silva has failed to show standing. Docket No. 12 at 6-8.
The Court disagrees.
“Standing is a threshold question in civil forfeiture cases.” United States v. Letter from
Alexander Hamilton to Marquis De Lafayette Dated July 21, 1780 (“Letter from Alexander Hamilton”), 15 F.4th
515, 520 (1st Cir. 2021) (citation omitted). Thus, a claimant must have both constitutional and
statutory standing to challenge a complaint. Constitutional standing is established by
demonstrating “a legal ownership or possessory interest that would support an injury in fact.” Id.
at 521. Statutory standing is established “through compliance with the procedures and deadlines
for filing a claim set out in Supplemental Rule G” and 18 U.S.C. § 983(a)(4) (“section 983”). Id.;
United States v. $29,373.00 in U.S. Currency, 86 F. Supp. 3d 95, 101 (D.P.R. 2025).
Nicole Osterman declared in writing under penalty of perjury that the factual allegations are true and
correct. Docket No. 3 at 1.
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The Government first argues that Silva lacks constitutional standing because he failed to
establish ownership. Docket No. 12 at 6-7. However, the requirements at the initial intervention
stage are forgiving because “any colorable claim on defendant property suffices.” Letter from
Alexander Hamilton, 15 F.4th at 521 (citation omitted). As a result, “[a]n allegation of ownership,
coupled with some evidence of ownership, is sufficient to establish constitutional standing to
contest a forfeiture.” United States v. $8,440,190.00 in U.S. Currency, 719 F.3d 49, 58 (1st Cir. 2013)
(citation omitted). Here, Silva sufficiently alleges ownership and provides evidence of ownership
through a (1) declaration under penalty of perjury, Docket No. 9 at 7-8, and (2) a copy of the Vessel
registration, Docket No. 9-1. Thus, the Court finds that Silva has established constitutional
standing.
The Government also asserts that Silva lacks statutory standing because he did not file a
verified claim. Docket No. 12 at 7. The Court disagrees. Under the Supplemental Rules, a verified
claim must “(A) identify the specific property claimed; (B) identify the claimant and state the
claimant’s interest in the property; (C) be signed by the claimant under penalty of perjury; and
(D) be served on the government attorney designated under Rule G(4)(a)(ii)(C) or (b)(ii)(D).”
Supp. R. G(5)(a)(i). The claim must be filed within 30 days from the date of service of the
government’s forfeiture complaint or from the date of the final publication notice. 18 U.S.C. §
983(a)(4)(A). Here, Silva filed a Verified Claim as an attachment to his Motion to Dismiss. Docket
No. 9 at 7. That claim specifically lists the properties at issue, represents Silva as the registered
owner, and identifies his interest in the properties. Docket No. 9 at 7. Additionally, Silva signed
the claim under penalty of perjury, and the claim was served on the government attorney. Docket
No. 9 at 8. Moreover, the claim was timely because it was filed on April 21, 2025, and the
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Government had neither served process on Silva nor published public notice as of that date.
Docket No. 12 at 5, 7.
The Court, nevertheless, must consider another provision of Supplemental Rule G in its
statutory standing analysis. Under Supplemental Rule G(5), when the government files a
forfeiture complaint while in possession, custody, or control of the property but subsequently
fails to send direct notice to potential claimants or publish public notice, a claimant must file his
or her claim within 60 days after the filing of the complaint. Supp. R. G(5)(a)(ii)(C)(1). A court
may excuse a claimant’s failure to adhere to this filing deadline if it finds good cause for doing so.
See id. at G(5)(a)(ii). The Court considers the following factors to determine whether good cause
exists:
(1) the claimant, in good faith, attempted to file a claim on time or
inform the government of his interest; (2) the claimant relied to his
detriment on misinformation from a government source; (3) the
claimant actively pursued his interest in the seized property and
expended considerable resources preparing the case for trial; (4)
the claimant was acting pro se; (5) the government itself failed to
follow the proper procedures; and (6) the excuse or extension
would not prejudice the government.
United States v. $48,000 U.C. Currency, 2007 WL 1467158 (E.D. La. 2007) (citation omitted); cf. United
States v. $80,760.00 in U.S. Currency, 781 F. Supp. 462, 469 (N.D. Tex. 1991) (providing the same
mitigating factors for Supplemental Rule C(6)).
Here, the Government failed to publish public notice or send direct notice to Silva until
after he had filed his claim, but Silva did not file his claim within the 60-day deadline. Docket No.
9; see Docket No. 12; infra at 7. However, the Court finds good cause to excuse Silva’s delay because
he has shown that he diligently pursued his interest in the Vessel and, in good faith, attempted to
file the claim on time. See Docket No. 9 at 2-3. Additionally, Silva did not learn of the filing of the
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Complaint until February 12, 2025, 3 days after the 60-day deadline lapsed, through an electronic
communication from an Assistant United States Attorney. Id. Moreover, there is nothing to
indicate that a finding of good cause would prejudice the Government. And lastly, the Court finds
concerning that the Government did not provide notice to Silva within 60 days from the filing of
the Complaint knowing that Silva was a potential claimant because Silva, in active pursuit of his
interest, had filed a Petition for Remission in September 2024, prior to the filing of the Complaint.
Id. at 2-3.
The Government also contends that Silva lacks statutory standing because he has not
answered the Complaint. This argument fails. Within 21 days of the filing of a verified claim, a
claimant must file an answer to the government’s forfeiture complaint. 18 U.S.C. § 983(a)(4)(b).
However, Fed. R. Civ. P. 12(a)(4) suspends the time to file an answer when a Rule 12(b) motion
has been timely filed. Here, Silva filed his verified claim at the same time as his motion to dismiss,
which is a responsive pleading. As such, Silva need not file an answer until the Court has
adjudicated the motion to dismiss. The cases cited by the Government do not support the
proposition that a verified claim must first be filed before a motion to dismiss, nor does the Court
find any basis to require such a strict rule. Thus, Silva has established statutory standing.
II. Notice of Complaint in Civil Forfeiture Cases
Silva contends that the Court lacks jurisdiction to entertain the pending action because
the Government failed to send him direct notice within 60 days after filing the Complaint as
required by Supplemental Rule G.2 Docket No. 9 at 4. The Court disagrees.
2 Silva also cites section 983(a)(1)(A)(i), but this statutory provision only applies to administrative
proceedings. 18 U.S.C. § 983(a)(1)(A)(i) (“In any nonjudicial civil forfeiture proceeding . . . the Government
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For a judgment of forfeiture to be entered, the government must first publish notice of the
action within a reasonable time after filing a complaint. Supp. R. G(4)(a)(i). Supplemental Rule
G(4)(b)(i) also requires the government to “send notice of the action and a copy of the complaint
to any person who reasonably appears to be a potential claimant on the facts known to the
government.” Id. at G(4)(b)(i). Direct notice must be sent “no later than 30 days after final
publication of newspaper notice or legal notice under Rule G(4)(a) or not later than 60 days after
the first day of publication on an official internet government forfeiture site.” See id. at G(4)(b)(i),
(5)(a)(ii)(B). However, a “claimant who had actual notice of a forfeiture action may not oppose
or seek relief from forfeiture because of the government’s failure to send the required notice.” Id.
at G(4)(b)(v). And although serving a warrant of arrest would constitute a written direct notice,
the warrant of arrest does not need to be done “as soon as practicable . . . [if] the property is in the
government’s possession, custody, or control.” Id. at G(3)(c)(ii)(A).
As to public notice, Silva does not point the Court to any case that defines “reasonable
time” within the meaning of Supplemental Rule G(4)(a)(i). The record here clearly shows that
notice was not published or directly sent to Silva or his attorney before he filed his verified claim.
Docket No. 12 at 7. However, while the Government filed both the warrant for arrest of the Vessel
and the instant Complaint on December 9, 2024, the Court did not issue the warrant until April
25, 2025. Docket No. 11. The Government published notice of the forfeiture on an official internet
government forfeiture site from April 29, 2025, to May 28, 2025. Docket No. 17. As such, the Court
finds that the Government published notice within a reasonable time. Similarly, because the
[must] send written notice to interested parties . . . [no] more than 60 days after the date of seizure.”)
(emphasis added). Thus, this argument is inapplicable to the case at hand.
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warrant for arrest was not issued until April 25, 2025, the Government’s direct notice to Silva on
May 8, 2025 satisfies the requirements under Supplemental Rule G(4)-(5). Lastly, Silva obtained
actual notice of the Complaint on February 12, 2025, well before the issuance of the warrant,
publishing of notice, and sending of direct notice, Docket No. 9 at 3, and thus he cannot challenge
the forfeiture because of the Government’s failure to send direct notice under Supplemental Rule
G(4)(b)(v).
Accordingly, Silva’s Motion to Dismiss for lack of jurisdiction due to the Government’s
failure to provide notice is DENIED.
III. Fourth Amendment and Nexus between Vessel and Unlawful Activity3
In requesting dismissal of the forfeiture action, Silva first contends that the Government
(1) has not established that it had probable cause to seize the Vessel, in violation of the Fourth
Amendment; and (2) has not sufficiently alleged specific unlawful conduct by the Claimant or the
operators of the Vessel, nor has the Government filed criminal charges related to the seizing of the
Vessel. Docket No. 9 at 4. The Court disagrees on both points.
Since the adoption of the Civil Asset Forfeiture Act of 2000 (“CAFRA”), 18 U.S.C. § 983,
the government’s burden of proof at trial increased from “mere probable cause (the old standard)
to the preponderance of the evidence.” United States v. Lopez-Burgos, 435 F.3d 1, 2 (1st Cir. 2006)
(citing 18 U.S.C. § 983(c)(1)). Before CAFRA, case law required the government to plead sufficient
3 Silva asserts conclusively the innocent-owner defense, arguing that the Vessel should be returned to him
because he had no knowledge of any illegal use regarding the vessel and there is a lack of drug trafficking
evidence. Docket No. 9 at 5. However, the Court considers this argument waived because “issues adverted
to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed
waived. It is not enough merely to mention a possible argument in the most skeletal way, leaving the court
to do counsel’s work, create the ossature for the argument, and put flesh on its bones.” United States v.
Zannino, 895 F.2d 1, 17 (1st Cir. 1990).
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facts to establish probable cause that the property was subject to forfeiture, but CAFRA made it
clear that this pleading requirement no longer applies. See id. Rather, CAFRA provides that
pleadings do not need to establish probable cause, stating that “no civil forfeiture complaint may
be dismissed because the government lacked sufficient evidence of forfeitability at the time of
filing . . . and that the government may use evidence gathered after filing to meet its burden of
proof.” Id. (citing 18 U.S.C. § 983(a)(3)(D), (c)(2)). Consequently, the Government’s pleadings
need only satisfy Supplemental Rule G(2)(f) by stating “sufficiently detailed facts to support a
reasonable belief that the government will be able to meet its burden of proof at trial.”
When the government asserts that the property was involved in or used to commit or
facilitate a criminal offense, the government must establish that a substantial connection exists
between the property and the offense. 18 U.S.C. § 983(c)(3). However, this provision applies to
the burden of proof at trial. A motion to dismiss deals with the sufficiency of the pleadings, not
the burden of proof at trial. Medina-Rodríguez v. $3,072,266.59 in U.S. Currency, 471 F. Supp. 3d 465, 481
(D.P.R. 2020) (citation omitted). Nevertheless, the government “may not seize and continue to
hold property upon conclusory allegations that the defendant property is forfeitable.” United States
v. $1,3999,313.74 in U.S. Currency, 591 F. Supp. 2d 365, 369 (S.D.N.Y. 2008) (citation omitted).
In the instant case, the Complaint incorporates the factual allegations in the Unsworn
Declaration by a Special Agent with the United States Department of Homeland Security,
Homeland Security Investigations. Docket No. 3. This declaration alleges that the Vessel is
outfitted with colors that make it difficult to detect at night, and that the United States Customs
and Border Protection (“CBP”) observed the vessel picking up fuel cans at a known drug point
after its initial inspection. Docket No. 3 at 4, 6. The declaration also alleges that CBP observed a
passenger onboard the Vessel throw multiple bags overboard when intercepting the Vessel a
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second time and that, after taking custody of the Vessel, a narcotics detention canine alerted to
the presence of the odor of drugs. Id. Additionally, the declaration notes that two operators of the
Vessel had previously been convicted for conspiracy to possess with intent to distribute narcotics.
Id. at 3. And lastly, the declaration also notes that the operator of the Vessel was on probation for
drug related charges and was not permitted to travel to St. Thomas, which is where the Vessel
was traveling from when it was intercepted. Id.
The Complaint here cannot be dismissed on the grounds that the Government did not
have adequate evidence to establish the forfeitability of the Vessel when the complaint was filed
pursuant to 18 U.S.C. § 983(a)(3)(D). The Court finds that the Complaint provides sufficiently
detailed facts to support a reasonable belief that the Government could establish a substantial
connection between the Vessel and a drug-related offense. Although there are currently no
criminal charges filed against Silva or the operators of the Vessel, which would need to be proven
beyond a reasonable doubt, the allegations in the unsworn declaration provide a reasonable belief
that the Government may prove by a preponderance of the evidence that the Vessel was used or
intended to be used for drug trafficking operations.
Thus, Silva’s Motion to Dismiss due to a Fourth Amendment violation and for failure to
establish the nexus requirement is DENIED.
IV. Unreasonable Delay
Silva’s second argument is that the Government’s failure to promptly resolve the forfeiture
action, coupled with the lack of any adjudication or criminal proceeding related to the Vessel,
violates his due process rights under the Fifth Amendment. Docket No. 9 at 4-5. The Court is not
persuaded.
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To determine whether a delay in a civil forfeiture action violates a claimant’s due process
rights, courts must apply the test developed in Barker v. Wingo, 407 U.S. 514 (1987). See United States
v. Eight Thousand Eight Hundred & Fifty Dollars ($8,850) in U.S. Currency, 461 U.S. 555, 564-70 (1983)
(adopting Barker test to assess Fifth Amendment right against deprivation of property without
due process). The Barker test requires weighing four factors: “[l]ength of delay, the reason for the
delay, the [claimant]’s assertion of his right, and prejudice to the [claimant].” Barker, 407 U.S. at
530. Courts must also consider whether delays after the filing of a forfeiture complaint violate due
process. $20,000 in U.S. Currency, 589 F. Supp. 3d at 260 (noting that “[t]he First Circuit Court of
Appeals clarified . . . that delays after filing a complaint, where there is no prejudice to the
claimant, do not violate due process.”) (citing United States v. Zorrilla-Echevarría, 672 F.3d 1, 12 (1st
Cir. 2011)). When determining whether the claimant has been prejudiced by the delay, “[t]he
primary inquiry here is whether the delay has hampered the claimant in presenting a defense on
the merits, through, for example, the loss of witnesses or other important evidence.” $8,850, 461
U.S. at 569.
Here, the Court finds no delay in the filing of the Complaint. Irrespective of whether Silva’s
Petition of Remission constitutes a verified claim under Supplemental Rule G and section 983, the
Government filed its complaint on December 9, 2024, which is no later than 90 days after Silva
filed his Petition on September 25, 2024. 18 U.S.C. § 983(a)(3)(A); Docket No. 9 at 2. As to any
post-filing delay, while the Government did not provide direct notice or publish public notice
until five months after filing its Complaint, it did so within one month of the Court issuing the
warrant for arrest. Docket No. 12 at 5, 7. Therefore, the first factor weighs in the Government’s
favor. However, the Government has failed to provide a reason for the delay and has not indicated
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that it has or will commence any criminal proceedings connected to the Vessel. As such, the
second factor weighs in favor of Silva. Similarly, the third factor weighs in favor of Silva because
he has diligently pursued his interest in the Vessel since its seizure. See generally Docket Nos. 9; 9-
2; 9-3. And with the fourth factor, Silva has neither provided nor alleged how this delay has
hampered his ability to present a defense on the merits. Consequently, the fourth factor weighs
heavily against Silva. Thus, weighing the factors under the Baker test, the Court finds that there
was no unreasonable delay and no prejudice to Claimant. Thus, there was no violation of his Fifth
Amendment due process rights. Accordingly, the request for dismissal based on a Fifth
Amendment violation is DENIED.
V. Eight Amendment Excess Fines Clause
Silva’s third argument is that the Government’s forfeiture of the Vessel is punitive in
nature, violating the Excessive Fines Clause of the Eighth Amendment. Docket. No. 9 at 5. The
Court finds this argument premature. A claimant is allowed
to seek to mitigate a forfeiture under the Excessive Fines Clause of
the Eighth Amendment by motion for summary judgment or by
motion made after entry of a forfeiture judgment if: (i) the claimant
has pleaded the defense under Rule 8; and (ii) the parties have had
the opportunity to conduct civil discovery on the defense.
Supp. R. G(8)(e). Given that civil discovery has not yet occurred, it would be premature to dismiss
the Complaint based on Silva’s Eighth Amendment violation argument. Thus, Silva’s Motion to
Dismiss due to a violation of the Excessive Fines Clause is DENIED.
CONCLUSION
For the foregoing reasons, the Court DENIES the Motion to Dismiss. Answer to
Complaint due by Monday, April 6, 2026.
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IT IS SO ORDERED.
In San Juan, Puerto Rico, this Thursday, March 05, 2026.
s/ Jay A. Garcia-Gregory
JAY A. GARCIA-GREGORY
United States District Judge
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