Today began on 6/21/89. Declaration of Forfeiture 9/18/89. See Government's exhibits 67-73.
12. 1933 Ford Roadster, VIN 25367. DEA # 56278. Date of seizure 3/15/898. Notice sent 6/20/89. Certified mail receipts signed on 6/23/89 and 6/29/89. Additional notice sent to Jose Gonzalez a/k/a Manny Concepcion, 79 South 2nd St. Brooklyn, NY 11211, for which certified mail receipt was signed on 6/23/89. Three successive weeks of publication in USA Today began on 6/14/89. Declaration of Forfeiture 9/18/89. See Government's exhibits 74-81.
13. 1984 Ford Bronco Jeep, VIN 1FMEU15H8ELA74914. DEA # 56780. Date of seizure 3/15/89. Notice sent 7/3/89. Certified mail receipts signed on 7/10/89 and also on date which is illegible on the mail receipt. Three successive weeks of publication in USA Today on 6/21/89.
Additional notice sent to Fermin Pomales, 378 Wyth Ave., Brooklyn, NY 11211, for which certified mail receipt was signed and noted with an illegible date. Petition for remission/mitigation received by government on 8/11/89 from Pomales. Declaration of Forfeiture 1/9/90. Notice of denial of remission/mitigation and reasons supporting denial sent to Pomales sent 1/10/90. Certified mail receipt signed 1/16/90. See Government's exhibits 82-92.
14. 1984 Honda Sabre, VIN JH2R022Q8EMOD3033. DEA # 59964. Date of seizure 3/15/89. Notice sent 7/7/89 and 11/7/89. Certified mail receipt signed on 7/17/89. Three successive weeks of publication in USA Today began on 11/15/89. Declaration of Forfeiture 12/22/89. See Government's exhibits 93-97.
15. Assorted Jewelry. DEA # 60521. Seized on 3/16/89. Notice sent 7/20/89. Certified mail receipt signed on 7/28/89. Additional notice sent on 7/20/89 to Manny Concepcion, 79 South 2nd St., Brooklyn, NY 11211 was returned unclaimed. Three successive weeks of publication in USA Today began on 7/26/89. Declaration of Forfeiture 10/27/89. See Government's exhibits 98-103.
16. 1984 Honda Motorcycle, VIN 1HD1CAH3XEY112151. DEA # 60798. Seized on 3/15/89. Notice sent 8/15/89 and 10/18/89. Certified mail on 10/27/89. Additional notice sent to Pedro Pomales, 378 Wythe Ave., Brooklyn, NY 11211. Three successive weeks of publication in USA Today began on 8/2/89. Declaration of Forfeiture 11/15/89. See Government's exhibits 104-109.
17. $ 2,476.00. DEA # 61783. Date of seizure 7/20/89. Notice sent 8/15/898. Certified mail receipts signed on 8/22/89 and 9/1/89. Three successive weeks of publication in USA Today began on 8/9/89. Additional notice sent to Iyette Cardona Concepcion, 1810 Bruckner Blvd. Bronx, NY 10473, for which a certified mail receipt was signed on 8/30/89. Declaration of Forfeiture 11/15/89. See Government's exhibits 110-117.
Concepcion contends that the seizures were improper because the notices given by the government was inadequate. The notices of seizure, which describe in detail the procedures to follow to contest forfeiture, were addressed to Concepcion at 79 S. 2d Ave., Brooklyn, NY 11211 and also sent to Concepcion at the site of his incarceration, the Metropolitan Correctional Center, 150 Park Row, New York, NY 10007. Concepcion does not assert that these addresses are incorrect. In some cases notice was mailed to third parties as well. In addition, publication notices regarding each of the seized items appeared in the newspaper USA TODAY for three consecutive weeks. Concepcion notes that the certified mail postal receipt cards bear the signatures of (1) agents of the Bureau of Prisons for those notices that were sent to the Metropolitan Correctional Center and (2) individuals other than himself for those notices that were sent to 79 S. 2nd Ave., Brooklyn, NY 11211. However, due process has been found to have been satisfied where the agency mailed notice to a claimant's prison address, even when, due to prison transfer, the notice was actually received after the forfeiture took place. Balogoun v. United States, 1992 U.S. Dist. LEXIS 19477, 1992 WL 394186 (E.D.N.Y. 1992), aff'd, 14 F.3d 590 (2d Cir. 1993).
"It is well established that the constitutional notice requirements set forth in Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 70 S. Ct. 652, 94 L. Ed. 865 (1950), apply to notice in forfeiture proceedings." Pou v. U.S. Drug Enforcement Administration, 923 F. Supp. 573, 578 (S.D.N.Y. 1996). "This standard does not require that the claimant receive actual notice of a forfeiture proceeding, but rather, that the government act reasonably in selecting and employing a means likely to inform the claimant of the proceeding." Hong v. United States, 920 F. Supp. 311, 315 (E.D.N.Y. 1996) (citing Weigner v. New York, supra, 852 F.2d 646, 649-50.
Upon review of the government's exhibits 1-117, the Court notes that notices of forfeiture were mailed by certified mail for each of the seized and forfeited items and that signed postal receipt cards were returned to the government. This is more than due process requires. As the Second Circuit has observed:
The Supreme Court has frequently said and just recently restated that, under most circumstances, notice sent by ordinary mail is deemed reasonably calculated to inform interested parties that their property rights are in jeopardy. Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, , 108 S. Ct. 1340, 1343, 99 L. Ed. 2d 565 (1988); Mennonite Board of Missions v. Adams, supra, 462 U.S. 791, 800, 103 S. Ct. 2706, 2712; Mullane, supra, 339 U.S. at 319, 70 S. Ct. at 659.