United States of America v. Approximately $18,964.81 in U.S. Currency seized from Washington Mutual Bank Account 387-435366-3 et al, No. 2:2008cv02173 - Document 19 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT of FORFEITURE signed by Senior Judge Lawrence K. Karlton on 06/17/11; judgment is hereby entered against claimant Vasquez and all other potential claimants who have not filed claims in this action; All parties are to bear their own costs and attorneys' fees; the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. CASE CLOSED. (Michel, G)

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United States of America v. Approximately $18,964.81 in U.S. ...Bank Account 387-435366-3 et al 1 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 5 Doc. 19 Attorneys for the United States 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $18,964.81 IN U.S. ) CURRENCY SEIZED FROM WASHINGTON ) MUTUAL BANK ACCOUNT 387-435366-3, ) ) APPROXIMATELY $38,222.37 IN U.S. ) CURRENCY SEIZED FROM WACHOVIA BANK ) ACCOUNT 1007139898952, ) ) APPROXIMATELY $450,100.00 IN U.S. ) CURRENCY SEIZED FROM WASHINGTON ) MUTUAL BANK SAFE DEPOSIT BOX 538, ) AND ) ) APPROXIMATELY $105,000.00 IN U.S. ) CURRENCY SEIZED FROM WACHOVIA BANK ) SAFE DEPOSIT BOX 674, ) ) Defendants. ) ) 2:08-CV-02173-LKK-DAD FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against Approximately 27 $18,964.81 in U.S. Currency seized from Washington Mutual Bank 28 Account 387-435366-3; Approximately $38,222.37 in U.S. Currency 1 Final Judgment of Forfeiture Dockets.Justia.com 1 seized from Wachovia Bank Account 1007139898952; Approximately 2 $450,100.00 in U.S. Currency seized from Washington Mutual Bank 3 Safe Deposit Box 538; and Approximately $105,000.00 in U.S. 4 Currency seized from Wachovia Bank Safe Deposit Box 674 (hereafter 5 the "defendant currency") seized on or about April 24 and May 29, 6 2008, by the Internal Revenue Service, Criminal Investigation. 7 2. A Verified Complaint for Forfeiture In Rem (“complaint”) 8 was filed on September 15, 2008, alleging that said defendant 9 currency is subject to forfeiture to the United States of America 10 pursuant to 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C), and 21 U.S.C. 11 § 881(a)(6). 12 3. On or about September 16, 2008, the Clerk issued a 13 Warrant for Arrest of Articles In Rem for the defendant currency, 14 and that warrant was duly executed on September 19, 2008. 15 4. On September 19, 2008, the Internal Revenue Service 16 personally served copies of the complaint, application and order 17 for publication, warrant for arrest, order setting status 18 conference, notice of availability of voluntary dispute resolution, 19 notice of availability of magistrate judge, and notice of 20 forfeiture action on Miguel Vasquez, Jr. (hereafter “Vasquez”). 21 5. Beginning on September 26, 2008, for at least 30 22 consecutive days, the United States published Notice of the 23 Forfeiture Action on the official internet government forfeiture 24 site www.forfeiture.gov. 25 October 29, 2008. 26 6. A Declaration of Publication was filed on Vasquez filed a Claim of Ownership of Property alleging 27 that he is the legal owner of the defendant currency, and filed an 28 Answer to the complaint. No other parties have filed claims or 2 Final Judgment of Forfeiture 1 answers in this matter, and the time for which any person or entity 2 may file a claim and answer has expired. 3 4 5 6 7 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 claimant Vasquez 8 and all other potential claimants who have not filed claims in this 9 action. 10 3. All right, title and interest of Vasquez in the 11 defendant currency shall be forfeited to the United States pursuant 12 to 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C), and 21 U.S.C. § 13 881(a)(6). 14 4. Plaintiff United States of America and its servants, 15 agents, and employees and all other public entities, their 16 servants, agents, and employees, are released from any and all 17 liability arising out of or in any way connected with the arrest, 18 seizure, or forfeiture of the defendant currency. 19 and final release applying to all unknown and unanticipated 20 injuries, and/or damages arising out of said arrest, seizure, or 21 forfeiture, as well as to those now known or disclosed. 22 parties waived the provisions of California Civil Code § 1542. 23 5. This is a full The That pursuant to the stipulation of the parties, and the 24 allegations set forth in the Complaint filed on September 15, 2008, 25 the Court finds that there was reasonable cause for the seizure and 26 arrest of the defendant currency, and a Certificate of Reasonable 27 Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 28 6. All parties are to bear their own costs and 3 Final Judgment of Forfeiture 1 2 attorneys' fees, if any. 7. The Court shall maintain jurisdiction to enforce the 3 terms of this Final Judgment of Forfeiture. 4 SO ORDERED THIS 17th day of June, 2011. 5 6 7 8 9 10 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 11 September 15, 2008, and the Stipulation for Final Judgment of 12 Forfeiture filed herein, the Court enters this Certificate of 13 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 14 reasonable cause for the seizure or arrest of the defendant 15 currency. 16 DATED: June 17, 2011. 17 18 19 20 21 22 23 24 25 26 27 28 4 Final Judgment of Forfeiture

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