UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA, :

:
Plaintiff, :
:
v. : Civil No.
:
ONE PARCEL OF PROPERTY :
LOCATED 21 PAWNEE ROAD, :
OXFORD, CONNECTICUT, :
WITH ALL APPURTENANCES AND :
IMPROVEMENTS THEREON, :
:
Defendant. : February 12, 2009
:
[CLAIMANT: LILLIAN CASSETTI] :

VERIFIED COMPLAINT OF FORFEITURE

Now comes Plaintiff, United States of America, by and through its attorneys, Nora R.

Dannehy, Acting United States Attorney for the District of Connecticut, and David X. Sullivan,

Assistant United States Attorney, and respectfully states that:

1. This is a civil action in rem brought to enforce the provision of 21 U.S.C. § 881(a)(7),

for the forfeiture of real property which was used or intended to be used in any manner or part to

commit or to facilitate the commission of a violation of the Controlled Substances Act, 21 U.S.C.

§§ 801 et seq.

2. This Court has jurisdiction over this matter by virtue of 28 U.S.C. § 1345 and § 1355.

3. Venue in the District of Connecticut is appropriate pursuant to 28 U.S.C. § 1355 and

§ 1395.

4. The Defendant is one parcel of property located at 21 Pawnee Road in Oxford,

Connecticut, with all appurtenances and improvements thereon (“Defendant Property”), more
particularly described in Exhibit A, which is attached hereto and fully incorporated herein by

reference.

5. The United States does not request authority from the Court to seize the Defendant

Property at this time. The United States will, as provided by 18 U.S.C. §§ 985(b)(1) and (c)(1):

(a) post notice of this action and a copy of the Complaint on the Defendant Property;

(b) serve notice of this action on the record owner of the Defendant Property, and any

other person or entity who may claim an interest in the Defendant Property, along

with a copy of this Verified Complaint of Forfeiture;

(c) execute a writ of entry for the purposes of conducting an inspection and inventory

of the property; and

(d) record a lis pendens on the Oxford Land Records of the Defendant Property’s

status as a defendant in this in rem action.

6. The United States will also, as provided by 19 U.S.C. § 1606, appraise the

Defendant Property when it executes the Writ of Entry.

7. The Defendant Property was acquired by Lillian Cassetti from Salvatore Cassetti by

Quit Claim Deed, dated February 11, 1967, and recorded at Volume 67, Page 193 of the Oxford

Land Records.

8. The appraised value of the Defendant property is approximately $125,500.

BACKGROUND OF INVESTIGATION

9. On November 21, 2008, law enforcement executed a State of Connecticut Search

and Seizure Warrant at 72 Root Avenue, Ansonia, Connecticut and another State of Connecticut

Search and Seizure Warrant at 63 Root Avenue, Ansonia, Connecticut. Law enforcement was

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acting on information from a concerned citizen and other reliable sources that Joseph Cassetti

was operating an indoor marijuana grow at each of these addresses.

10. Upon execution of the warrants at 72 Root Street and 63 Root Street, law

enforcement discovered nearly 1,000 marijuana plants in various stages of growth, multiple grow

lights, various indoor growing equipment, and several firearms.

11. Arrested in connection with the execution of the warrants at those two locations

were Joseph Cassetti, Cheyne Mazza and Paul Mazza. Each individual was charged with

numerous drug offenses.

12. On November 23, 2008, one of Joseph Cassetti’s family members (“family

member”), contacted law enforcement and told them that he had suspicions that Joseph Cassetti

was growing marijuana inside a residence located at 21 Pawnee Road, Oxford, Connecticut (the

above referenced “Defendant Property” in this action).

13. The Cassetti family member told law enforcement that the Defendant Property was

owned by Joseph Cassetti’s mother, Lillian Cassetti. The Cassetti family member told law

enforcement that Joseph Cassetti was maintaining the Defendant Property for his mother. The

family member said that the Defendant Property had been vacant for months but that Joseph

Cassetti had recently found a renter and was collecting rent from the tenant for his mother.

14. The Cassetti family member told law enforcement that Joseph Cassetti left the

electric bill in the name of his mother because the tenant had bad credit and could not open an

account. The family member also told law enforcement that he had occasion to see an electric

bill for the Defendant Property and noticed that it was over $300 which was a substantial

increase over the electric bills prior to Joseph Cassetti’s management of the Defendant Property.

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 15. The Cassetti family member also told law enforcement that he went to the

Defendant Property on November 23, 2008 and found that all the blinds were closed and that

some of the windows were blocked out from the inside and covered with a dark colored material.

The family member also told law enforcement that he noticed that a new venting system had

been installed at the Defendant Property and that he could smell the odor marijuana coming from

the vent. The Family member knocked on the door but there was no answer and he could not

enter as he did not have a key. The family member said that no cars were present when he visited

the Defendant Property that day.

16. On November 23, 2009, law enforcement obtained a State of Connecticut Search

and Seizure Warrant for the Defendant Property located at 21 Pawnee Road, Oxford,

Connecticut. Upon execution of the warrant, officers located 487 marijuana plants in various

stages of growth, fans, a dehumidifier, timers, grow lights and bulbs, and various plant growing

materials at the Defendant Property.

CONCLUSION

17. The Defendant, one parcel of property located at 21 Pawnee Road, Oxford,

Connecticut, with all appurtenances and improvements thereon, is real property which was used

or intended to be used in any manner or part to commit or to facilitate the commission of a

violation of the Controlled Substances Act in violation of 21 U.S.C. 801 et seq., and is therefore

subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(7).

WHEREFORE, the United States of America respectfully asserts that there is probable

cause to believe that the Defendant Property is forfeitable to the United States pursuant to 21

U.S.C. § 881(a)(7); and requests,

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 (a) that pursuant to 18 U.S.C. § 985(b)(2), and 18 U.S.C. § 983(j), which permits the

Court to “take any action to . . . preserve the availability of the property subject to civil

forfeiture,” the Court issue the proposed Writ of Entry attached to this Verified Complaint of

Forfeiture authorizing the United States Marshals Service, or its delegate, to enter the Defendant

Property, including any structures, on one or more occasions during the pendency of this in rem

forfeiture action:

(1) for the purpose of conducting an inspection and inventory and appraisal of the

Defendant Property, which inspection and inventory and appraisal may include

still and video photography;

(2) to be accompanied on any such occasion by any appraiser(s) selected by it to

appraise the condition and value of the Defendant Property pursuant to 19 U.S.C.

§ 1606;

(3) to be accompanied on any such occasion by any government or contract personnel

selected by it for the purpose of conducting an inventory of the Defendant

Property; and

(4) to be accompanied on any such occasion by any federal, state, or local law

enforcement officers selected by it to ensure the safety of any person acting under

the Writ of Entry;

(b) that the Court decree that the forfeiture of the Defendant, one parcel of property

located at 21 Pawnee Road, Oxford, Connecticut, with all appurtenances and improvements

thereon, to the United States under 21 U.S.C. § 881(a)(7) is confirmed, enforced, and ordered;

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 (c) that the Court thereafter order that the United States Marshal, or his delegate, dispose

of the Defendant property as provided by law; and

(d) that the Court award Plaintiff United States all other relief to which it is entitled,

including the costs of this action.

Respectfully submitted,

NORA R. DANNEHY
ACTING UNITED STATES ATTORNEY

_______/s/____________________
JOHN B. HUGHES
CHIEF, CIVIL DIVISION
ASSISTANT U. S. ATTORNEY

_________/s/__________________
DAVID X. SULLIVAN
ASSISTANT U.S. ATTORNEY
P.O. BOX 1824
NEW HAVEN, CT 06508
(203) 821-3700
FEDERAL BAR # ct03793

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 DECLARATION

I am a Special Agent of the Drug Enforcement Administration, United States Department

of Justice, and the agent assigned the responsibility for this case.

I have read the contents of the foregoing Verified Complaint of Forfeiture and the

statements contained therein are true to the best of my knowledge and belief.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on this ____ day of February, 2009.

/s/
JON A. RUBINSTEIN
SPECIAL AGENT
DRUG ENFORCEMENT ADMINISTRATION
 EXHIBIT A

All those two certain pieces or parcels of land with all buildings and improvements
thereon, situated in the Town of Oxford, County of New Haven and State of Connecticut, at or
near Swan Lake, so-called, being Lot No. 163 and 164 as numbered and shown on a plan marked
“Swan Lake Estates, Oxford, Connecticut, The National Development Corporation: Owners and
Developers, June 1948, Scale 1" equals 100 feet, Smith and Wallen, Engrs., 124 State Street,
Springfield, Mass”. Said plan being recorded with the Town Clerk at Oxford, Connecticut and is
incorporated herein as reference thereto.

Together with rights of ways common with others for all the usual purposes of a way over
all streets and ways shown on said plan or on any other subsequently recorded plan or plans
which become a part of said development, and the right to use, in common with others, for
community beach purposes the beach or beaches shown on said plan or on other or further plans.

Subject to the restrictions which are set forth in a certain warranty deed from Carl J.
Carlson to Salvatore Cassetti and Lillian Cassetti, dated June 3, 1963 recorded Oxford Land
Records, Volume 62, Page 105.