Sim Gill (USB #6389)

SALT LAKE COUNTY DISTRICT ATTORNEY

Tajha L. Ferrara (USB #10631)
Deputy District Attorney
35 East 500 South, 5th floor
Salt Lake City, UT 84111
Telephone: (385) 468-7700
Facsimile: (385) 468-7801
Email: TFerrara@slco.org
Attorneys for the State of Utah

IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT

IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH

THE STATE OF UTAH,

COMPLAINT FOR FORFEITURE
Plaintiff,

vs.

ONE LOT OF PERSONAL PROPERTY, Case No. __________________

Sandy Police Department, Case No. 18-51679,
DESCRIBED AS THIRTY SIX THOUSAND Judge: _____________________
TWO HUNDRED FOURTY-SEVEN
DOLLARS, U.S. CURRENCY, AND SILVER
PIECES ($36,247.00),

Defendant,

BRYAN ALAN MELCHIOR,

Potential Claimant known to

the State of Utah.

The State of Utah, by and through Tajha L. Ferrara, Salt Lake County Deputy District

Attorney, as Plaintiff and for cause of action alleges:

1. The seized defendant property consists of thirty six thousand two hundred fourty-

seven dollars and 00/100 ($36,247.00) U.S. currency, and numerous silver pieces, coins and bars
in eighty-four containers with an estimated value of twelve thousand nine hundred eighty seven

dollars and 90/100 ($12,987.90).

2. This court has jurisdiction pursuant to Utah Code Section 24-1-103 because the

property for which forfeiture is sought was within the state at the time this forfeiture is filed and

the claimant is subject to personal jurisdiction of the district court.

3. Pursuant to Utah Code Section 24-2-102, the defendant property was seized by a

piece officer incident to a search warrant executed on November 13, 2018 at 2111 East Glacier

View Drive, in Salt Lake County. The property was seized because there is probable cause to

believe it is evidence of a crime, has been used or was intended to be used to commit a crime, and

it is proceeds of a crime.

4. Pursuant to Utah Code Section 24-2-102(1), the defendant property was seized and

such property is forfeitable under Utah law because it has been used to facilitate the commission

of a federal or state criminal offense and is proceeds of such criminal activity. More specifically:

a. During an ongoing investigation into narcotics distribution, on November

13, 2018, officers from Sandy Police Department served a search warrant

on Bryan Alan Melchior (“Mr. Melchior” or “Claimant”) at his residence

located at 2111 East Glacier View Drive, in Salt Lake County.

b. Officers conducted a traffic stop on Mr. Melchior as he was leaving his

residence and returned him to the residence to execute the search warrant.

Mr. Melchior’s girlfriend was located inside the residence, and was

allowed to leave prior to the seizure.

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 c. During the search of the residence, officers located numerous guns, gun

suppressors, pieces of silver including coins and bars in numerous safes,

and safes which contained marijuana. Officers located glass pipes, bongs,

grinders, packaging matierials, and addtitonal drug paraphernaila. Mr.

Melschior had multiple items of THC edibles including e-cig cartridges,

THC syrups, packages of marijuana, hemp wraps, DABS, nectar sticks in

boxes, and pills.

d. Bryan Alan Melchior was found to be in possession of 757 grams of

marijuana and 4,534 grams of THC edibles, all of which field tested

positive for their respective substances.

e. Officers locted a total of thirty six thousand two hundred fourty-seven

dollars, U.S. currency ($36,247.00) in a safe inside the residence. Officers

also located eighty-four countainers containing a large number of pieces

of silver including coins and bars in a safe inside the residence. Those

silver pieces have a combined estimated value of twelve thousand nine

hundred eighty-seven dollars and 90/100 ($12,987.90) according to an

estimate provided by Legacy Jewlery and Rare Coins1.

f. The seized currency totaling thirty six thousand two hundred fourty-seven

dollars, U.S. currency ($36,247.00), and silver pieces are believed to have

1
Legacy Jewelry and Rare Coins provided an estimate of all of the pieces of silver and various bars, which amount
to at least 374 pieces of silver with a combined value of $12,987.90. The State is seeking forfeiture of all of the
silver and other bars and coins seized.

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 facilitated the illegal possession or distribution of a controlled substance,

or represent proceeds of such illegal activity.

5. Mr. Melchior is or claims to be the owner, interest holder, or person from whom

the currency was seized.

6. Mr. Melchior is not an innocent owner of the defendant property, and the property

is forfeitable under Utah Code Section 24-4-107 because Mr. Melchior is responsible for the

conduct giving rise to the forfeiture, knew of the conduct giving rise to the forfeiture and allowed

the property to be used in furtherance of the conduct.

7. Therefore, pursuant to Utah Code Section 24-4-107(6), a presumption exists that

Mr. Melchior engaged in the conduct giving cause for forfeiture; the property was acquired by Mr.

Melchior during that period of the conduct giving cause for forfeiture or within a reasonable time

after that period, and there was no likely source for the purchase or acquisition of the property

other than the conduct giving cause for this forfeiture.

WHEREFORE, Plaintiff demands judgment as follows:

A. The Court finds that the seized currency totaling thirty six thousand two hundred

fourty-seven dollars ($36,247.00), U.S. currency, and silver piece, bars and coins with

a combined estimated value of approximately twelve thousand nine hundred eighty

seven dollars and 90/100 ($12,987.90) was used to facilitate the commission of a

federal or state offense and constitutes proceeds of such criminal activity;

B. The Court order that the seized currency totaling thirty six thousand two hundred

fourty-seven dollars ($36,247.00), U.S. currency, and silver pieces, bars and coins with

a combined estimated value of approximately twelve thousand nine hundred eighty

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 seven dollars and 90/100 ($12,987.90) is forfeited pursuant to Utah Code Section 24-

1-101, et seq;

C. The Court find that the forfeiture of the property of $36,247.00 currency and the silver

with a combined estimated value of $12,987.90 is proportional to the conduct giving

rise to the forfeiture;

D. An award of post judgment interest at the rate established under Utah Code Section 15-

1-4 pursuant to Utah Code 24-4-109;

E. That any and all property forfeited shall be awarded to the State, subject to the

provisions of Utah Code Section 24-4-115(3), that require the seizing agency to first:

a. Deduct its direct costs and expenses for reporting under Utah Code Section

24-4-118 and for obtaining and maintaining the property pending forfeiture,

and

b. Pay to the Office of the Salt Lake County District Attorney the legal costs and

attorney fees associated with the litigation of the forfeiture proceeding, not to

exceed twenty percent (20%) of the value of the property.

F. All remaining net proceeds in the seizing agency’s possession, here Sandy Police

Department, shall be deposited into the Criminal Forfeiture Restricted Account, to

be administered by the Commission of Criminal and Juvenile Justice in funding the

State Asset Forfeiture Grant Program as provided for under Utah Code Section 24-

4-117; and

G. For such other relief as the Court deems proper.

Dated this 28th day of December, 2018.

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Sim Gill
SALT LAKE COUNTY DISTRICT ATTORNEY

/s/ Tajha L. Ferrara

Tajha L. Ferrara
Deputy District Attorney