-GSA USA v. Approximately $16,367.00 in U.S. Currency, No. 1:2010cv00441 - Document 25 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Chief Judge Anthony W. Ishii on 9/12/2011. CASE CLOSED. (Jessen, A)

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-GSA USA v. Approximately $16,367.00 in U.S. Currency 1 2 3 4 Doc. 25 BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 5 6 Attorneys for the United States 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 16 ) 1:10-CV-00441-AWI-GSA ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $16,367.00 IN U.S. ) CURRENCY, ) ) Defendant. ) _____________________________________) 17 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 18 1. 11 12 13 14 15 UNITED STATES OF AMERICA, This is a civil forfeiture action against the defendant approximately 19 $16,367.00 in U.S. Currency (hereafter “defendant currency”) seized on or about 20 September 15, 2009. 21 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on 22 March 11, 2010, alleging that said defendant currency is subject to forfeiture to the 23 United States of America pursuant to 21 U.S.C. § 881(a)(6). 24 3. On March 11, 2010, the Clerk issued a Warrant for Arrest for the 25 defendant currency. The warrant for the defendant currency was duly executed on 26 March 16, 2011. 27 4. 28 Beginning on March 18, 2010, for at least 30 consecutive days, the United States published notice of this action on the official government forfeiture site 1 Final Judgment of Forfeiture Dockets.Justia.com 1 2 www.forfeiture.gov. 5. In addition to the public notice on the official internet government 3 forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the 4 following individuals: 5 a. Jose Jimenez 6 b. Matilde Guzman 7 c. Jon K. Renge, attorney 8 d. John Kemper Jackson, attorney 9 6. Jose Jimenez and Matilde Guzman each filed a claim and answer in this 10 action. No other parties have filed claims or answers in this matter, and the time in 11 which any person or entity may file a claim and answer has expired. 12 13 14 15 16 17 18 Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. 2. That judgment is hereby entered against claimants Jose Jimenez, Matilde Guzman, and all other potential claimants who have not filed claims in this action. 3. Upon entry of this Final Judgment of Forfeiture, $13,911.95 of the 19 defendant approximately $16,367.00 in U.S. Currency, together with any interest that 20 has accrued on the entire $16,367.00, shall be forfeited to the United States pursuant 21 to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 22 4. Upon entry of this Final Judgment of Forfeiture, but no later than 45 days 23 thereafter, $2,455.05 of the defendant approximately $16,367.00 in U.S. Currency shall 24 be returned to claimants Jose Jimenez and Matilde Guzman through their attorney 25 Jon K. Renge, 2100 Tulare Street, Suite 406, Fresno, California 93721, telephone (559) 26 444-0300. 27 28 5. That the United States of America and its servants, agents, and employees and all other public entities, their servants, agents, and employees, are 2 Final Judgment of Forfeiture 1 released from any and all liability arising out of or in any way connected with the 2 seizure, arrest, or forfeiture of the defendant currency. This is a full and final release 3 applying to all unknown and unanticipated injuries, and/or damages arising out of said 4 seizure, arrest, or forfeiture, as well as to those now known or disclosed. The parties 5 waived the provisions of California Civil Code § 1542. 6 6. That pursuant to the stipulation of the parties, and the allegations set 7 forth in the Complaint filed on March 11, 2010, the Court finds that there was 8 reasonable cause for arrest and seizure of the defendant currency, and for the 9 commencement and prosecution of this forfeiture action, and a Certificate of 10 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 11 7. All parties are to bear their own costs and attorneys fees. 12 8. The U.S. District Court for the Eastern District of California, Hon. 13 Anthony W. Ishii, District Judge, shall retain jurisdiction to enforce the terms of this 14 Final Judgment of Forfeiture. 15 CERTIFICATE OF REASONABLE CAUSE 16 17 18 Based upon the allegations set forth in the Complaint filed March 11, 2010, and 19 the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 20 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 21 reasonable cause for the seizure or arrest of the defendant currency, and for the 22 commencement and prosecution of this forfeiture action. 23 IT IS SO ORDERED. 24 25 Dated: 0m8i78 September 12, 2011 CHIEF UNITED STATES DISTRICT JUDGE 26 27 28 3 Final Judgment of Forfeiture

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