-GSA USA v. Approximately $25,665.00 in U.S. Currency, No. 1:2010cv01318 - Document 26 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT of FORFEITURE, signed by Chief Judge Anthony W. Ishii on 10/7/11. (Hellings, J)

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-GSA USA v. Approximately $25,665.00 in U.S. Currency 1 2 3 4 Doc. 26 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-01318-AWI-GSA ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $25,665.00 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 $25,665.00 in U.S. Currency (hereafter “defendant currency”) seized on or about 20 February 4, 2010. 21 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on 22 July 21, 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 September 21, 2010, the Clerk issued a Warrant for Arrest for the 25 defendant currency. The warrant for the defendant currency was duly executed on 26 September 30, 2010. 27 28 4. Beginning on August 29, 2010, for at least 30 consecutive days, the United States published notice of this action on the official government forfeiture 1 Final Judgment of Forfeiture Dockets.Justia.com 1 2 site www.forfeiture.gov. A Declaration of Publication was filed on October 1, 2010. 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 4 the following individuals: 5 a. Inpanh Chanthavongsa 6 b. Savean Suon 7 c. Julius Cruz, attorney 8 d. Sosi Vogt, attorney 9 6. Inpanh Chanthavongsa and Savean Suon each filed claims and 10 answers in this action. Besides claimants, no other parties have filed claims or 11 answers in this matter, and the time in which any person or entity may file a claim 12 and answer has expired. 13 14 15 Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. Upon entry of this Final Judgment of Forfeiture, $22,456.88 of the 16 defendant approximately $25,665.00 in U.S. Currency, together with any interest 17 that has accrued on the entire $25,665.00, shall be forfeited to the United States 18 pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 19 2. Upon entry of this Final Judgment of Forfeiture, but no later than 45 20 days thereafter, $3,208.12 of the defendant approximately $25,665.00 in U.S. 21 Currency shall be returned to claimants Inpanh Chanthavongsa and Savean Suon 22 through their attorneys Julius Cruz and Sosi Vogt, 2150 Tulare Street, First Floor, 23 Fresno, California 93721, (559) 266-9800. 24 3. The United States of America and its servants, agents, and employees 25 and all other public entities, their servants, agents, and employees, are released 26 from any and all liability arising out of or in any way connected with the seizure, 27 arrest, or forfeiture of the defendant currency. This is a full and final release 28 applying to all unknown and unanticipated injuries, and/or damages arising out of 2 Final Judgment of Forfeiture 1 said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The 2 parties to this agreement agree to waive the provisions of California Civil Code § 3 1542. 4 4. That pursuant to the stipulation of the parties, and the allegations set 5 for the Complaint filed on July 21, 2011, the Court finds that there was reasonable 6 cause for arrest and seizure of the defendant currency, and for the commencement 7 and prosecution of this forfeiture action, and a Certificate of Reasonable Cause 8 pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 9 5. All parties are to bear their own costs and attorneys fees. 10 6. The U.S. District Court for the Eastern District of California, Hon. 11 Anthony W. Ishii, Chief District Judge, shall retain jurisdiction to enforce the terms 12 of this Final Judgment of Forfeiture. 13 CERTIFICATE OF REASONABLE CAUSE 14 Based upon the allegations set forth in the Complaint filed July 21, 2011, and 15 the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 16 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 17 reasonable cause for the seizure or arrest of the defendant currency, and for the 18 commencement and prosecution of this forfeiture action. 19 20 21 22 23 IT IS SO ORDERED. Dated: 0m8i78 October 7, 2011 CHIEF UNITED STATES DISTRICT JUDGE 24 25 26 27 28 3 Final Judgment of Forfeiture

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