IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
KEITH M. KANESHIRO in his ) S.P. NO 17-1-0261
official capacity as the )
Prosecuting Attorney )
of the City & County of )
Honolulu, on behalf of the )
State of Hawaii, )
EIGHTY FIVE THOUSAND SEVEN )
HUNDRED SEVENTY SIX DOLLARS IN ) NOTICE OF INTENTION TO
UNITED STATES CURRENCY, ETC. ) FORFEIT PROPERTY
NOTICE OF INTENTION TO FORFEIT PROPERTY
TO: ZACHARY A. SYLVA A PERSON WHO MAY HAVE AN INTEREST IN THE DESCRIBED PROPERTY AND ALL KNOWN OR UNKNOWN OWNERS OF OR INTEREST HOLDERS IN THE DESCRIBED PROPERTY:
EIGHTY FIVE THOUSAND SEVEN HUNDRED SEVENTY SIX DOLLARS IN UNITED STATES CURRENCY ($85,776.00); ONE (1) 1891 SILVER DOLLAR NATIONAL COIN GRADING SERVICE MS65/#60912460 (EST. VALUE: $6,450.00) ; .THREE (3) 1891-0 SILVER DOLLARS NATIONAL COIN GRADING SERVICE MS65/#60802251, MS65/#60802262, MS65/#60802236, respectively (TOTAL EST. VALUE: $78,000.00); ONE (1) 2004 MERCEDES BENZ BEARING HAWAII LICENSE PLATE NUMBER RNU 097 VIN: WDBRF61J04A548255 (EST. VALUE: $5,000.00) (TOTAL AGGREGATE VALUE: $175,226.00)
YOU ARE HEREBY NOTIFIED that a Verified Petition for Forfeiture has been filed in the Circuit Court of the First Circuit, State of Hawaii seeking forfeiture of the property described above pursuant to the Hawaii Omnibus Forfeiture Act, Title 37, (hereinafter "Forfeiture Act"), Chapter 712A of the Hawaii Revised Statutes, ("H.R.S."). The property was physically seized on or about February 19, 2014 at 350 Aoloa Street #B122, in the City and County of Honolulu, State of Hawaii and is alleged to be subject to forfeiture because of its connection with violations of: H.R.S. §§ 712-1240; 712-1241(1)(a)(i) and/or 712-1241(1)(b) (ii)(A) Promoting A Dangerous Drug in the First Degree; 712-1240; 712-1240.7(1)(a) Methamphetamine Trafficking in the First Degree and other related covered offenses pursuant to H.R.S. § 712A-4.
YOU ARE FURTHER NOTIFIED that you may respond to this notice by doing one of the following:
1. You may do nothing, in which case the property will be forfeited to the State pursuant to H.R.S. § 712A-15; or
2. You may file a claim in the Circuit Court of the First Circuit, State of Hawaii against the property, within thirty days of receipt of this notice, for a hearing to adjudicate the validity of the claimed interest in the property pursuant to H.R.S. § 712A-12(4). The hearing shall be held by the court without a jury.
Pursuant to H.R.S. § 712A-12(5) the claim must be signed by the claimant, be sworn on oath before a notary public, and must set forth all the following:
a. The name of the claimant;
b. The address at which the claimant will accept future mailings from the court or the prosecuting attorney;
c. The nature and extent of the claimant’s interest in the property;
d. The time, transferor and circumstances of the claimant’s acquisition of the interest in the property;
e. The specific provisions of this chapter relied on in asserting that the property seized for forfeiture is not subject to forfeiture;
f. Facts supporting each assertion that the property is not subject to forfeiture;
g. Any additional facts supporting the claimant’s claim; and
h. The precise relief sought.
Copies of the claim must be mailed to the seizing agency (Honolulu Police Department) and to the prosecuting attorney. One extension of thirty days for filing of the claim may be granted upon a written request demonstrating good cause provided that the request is received within the thirty-day period for filing of a claim.
DATED: Honolulu, Hawaii, October 13, 2017.
Clerk of the Court
First Circuit Court