-GSA United States of America v. Approximately $7,302.00 in U.S. Currency, No. 1:2008cv00297 - Document 27 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT of FORFEITURE dated *6/7/2011* signed by Judge Oliver W. Wanger on 6/7/2011. (Sant Agata, S)

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-GSA United States of America v. Approximately $7,302.00 in U.S. Currency 1 5 BENJAMIN B. WAGNER United States Attorney LAUREL J. MONTOYA Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 6 Doc. 27 Attorneys for Plaintiff 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 UNITED STATES OF AMERICA, ) 1:08-CV-00297-OWW-GSA ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $7,302.00 IN U.S. ) CURRENCY, ) ) Defendant. ) ) ) _____________________________________) 18 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 19 1. 20 21 This is a civil forfeiture action against defendant approximately $7,302.00 in U.S. Currency (hereafter “defendant currency”). 2. A Verified Complaint for Forfeiture In Rem was filed on February 29, 2008, seeking 22 the forfeiture of the defendant currency, alleging said currency is subject to forfeiture to the United 23 States of America pursuant to 21 U.S.C. § 881(a)(6) because the defendant currency constitutes 24 moneys or other things of value furnished or intended to be furnished in exchange for a controlled 25 substance, all proceeds traceable to such an exchange and/or was used or intended to be used to 26 facilitate one or more violations of 21 U.S.C. § 841 et seq. 27 28 3. On March 5, 2008, in accordance with said Complaint, a Warrant for Arrest of Articles In Rem for the defendant currency was issued and duly executed on March 10, 2008. 1 FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 4. On or about March 24, 2008, a Public Notice of Arrest of the defendant currency 2 appeared by publication in the Business Journal, a newspaper of general circulation in the county 3 in which the defendant currency was seized (Fresno County). The Declaration of Publication was 4 filed with the Court on April 17, 2008. 5 5. In addition to the Public Notice of Arrest having been completed, actual notice was 6 personally served upon Bouavone Keomounpane and Chansamouth Phiachantharath. Claimant 7 Bouavone Keomounpane filed a Claim on April 9, 2008, and filed an Answer to the Complaint on 8 May 12, 2008. To date, no other parties have filed claims or answers in this matter, and the time for 9 which any person or entity may file a claim and answer has expired. 10 11 6. Claimant Bouavone Keomounpane represents and warrants that she is the sole owner of the defendant currency. 12 Based on the above findings, and the files and records of the Court, it is hereby 13 ORDERED AND ADJUDGED: 14 1. 15 16 17 18 The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. 2. Judgment is hereby entered against Bouavone Keomounpane, Chansamouth Phiachantharath, and all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture, the defendant approximately $7,302.00 19 in U.S. Currency, together with any interest that may have accrued on that amount, shall be forfeited 20 to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 21 4. Plaintiff United States of America and its servants, agents, and employees, and all 22 other public entities, their servants, agents, and employees, are released from any and all liability 23 arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant 24 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 25 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 26 The parties waive the provisions of California Civil Code § 1542. 27 28 5. There was reasonable cause for the seizure and arrest of the defendant currency, and the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 2 FINAL JUDGMENT OF FORFEITURE 1 6. All parties shall bear their own costs and attorneys’ fees. 2 SO ORDERED THIS 7th day of June, 2011. 3 4 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 5 6 7 CERTIFICATE OF REASONABLE CAUSE 8 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed February 9 29, 2008, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 10 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 11 the seizure and arrest of the defendant currency. 12 13 14 Dated: June 7, 2011 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 FINAL JUDGMENT OF FORFEITURE

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