USA v. Approximately $26,335.71 in US Currency Seized from Umpqua Bank, No. 2:2008cv02858 - Document 20 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FOREITURE signed by Judge Morrison C. England, Jr on 07/12/10 is hereby entered against claimants Enrique Garcia and Eva Cervantes and all other potential claimants who have not filed claims in this action per Stipulation. The Defen dant funds listed shall be forfeited to the United States. CERTIFICATE OF REASONALBE CAUSE: Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, and the allegations set forth in the Complaint for Forfeiture In Rem filed 11/25/08, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. Sce. 2465, that there was reasonable cause for the restraint, seizure and arrest of the the defendant funds. (Williams, D)

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USA v. Approximately $26,335.71 in US Currency Seized from Umpqua Bank 1 2 3 4 5 Doc. 20 BENJAMIN B. WAGNER United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Attorneys for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 Plaintiff, v. APPROXIMATELY $26,335.71 IN U.S. CURRENCY SEIZED FROM UMPQUA BANK ACCOUNT NUMBER 990492050 HELD IN THE NAME OF GARCIA’S MEATS, 16 Defendant. 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) ) 2:08-CV-02858-MCE-EFB FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against Approximately 21 $26,335.71 in U.S. Currency Seized from Umpqua Bank Account 22 Number 990492050 held in the Name of Garcia’s Meats ("defendant 23 funds"). 24 2. A Verified Complaint for Forfeiture In Rem (“Verified 25 Complaint”) was filed on November 25, 2008, alleging that said 26 defendant funds are subject to forfeiture to the United States of 27 America pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2). 28 3. On or about December 2, 2008, the Clerk issued a 1 Final Judgment of Forfeiture Dockets.Justia.com 1 Warrant for Arrest for the defendant funds, and that warrant was 2 duly executed on December 10, 2008. 3 4. Beginning on January 13, 2009, for at least 30 4 consecutive days, the United States published Notice of the 5 Forfeiture Action on the official internet government forfeiture 6 site www.forfeiture.gov. 7 on February 23, 2009. 8 9 10 5. A Declaration of Publication was filed In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice was given to the following individuals: 11 a. Enrique Garcia 12 b. Eva Cervantes 13 6. On February 4, 2009, Enrique Garcia and Eva Cervantes 14 (“claimants”) filed Verified Claims and a Verified Answer to the 15 Complaint. 16 matter, and the time for which any person or entity may file a 17 claim and answer has expired. 18 19 20 No other parties have filed claims or answers in this 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 21 of Forfeiture entered into by and between the parties to this 22 action. 23 2. That judgment is hereby entered against claimants 24 Enrique Garcia and Eva Cervantes and all other potential 25 claimants who have not filed claims in this action. 26 3. Upon entry of this Final Judgment of Forfeiture, 27 $20,000.00 of the Approximately $26,335.71 in U.S. Currency 28 Seized from Umpqua Bank Account Number 990492050 Held in the Name 2 Final Judgment of Forfeiture 1 of Garcia’s Meats, together with any interest that may have 2 accrued on that amount, shall be forfeited to the United States 3 pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2), to be 4 disposed of according to law. 5 4. Upon entry of this Final Judgment of Forfeiture, but no 6 later than 60 days thereafter, $6,335.71 of the Approximately 7 $26,335.71 in U.S. Currency Seized from Umpqua Bank Account 8 Number 990492050 Held in the Name of Garcia’s Meats, together 9 with any interest that may have accrued on that amount, shall be 10 11 returned to claimants through their attorney, Gilbert A. Roque. 5. That plaintiff United States of America and its 12 servants, agents, and employees and all other public entities, 13 their servants, agents, and employees, are released from any and 14 all liability arising out of or in any way connected with the 15 seizure, arrest, or forfeiture of the defendant funds, and for 16 the commencement and prosecution of this forfeiture action. 17 is a full and final release applying to all unknown and 18 unanticipated injuries, and/or damages arising out of said 19 seizure, arrest, or forfeiture, as well as to those now known or 20 disclosed. 21 Code § 1542. 22 6. This The parties waive the provisions of California Civil Claimants waived any and all claim or right to interest 23 that may have accrued on the defendant funds being forfeited to 24 the United States. 25 7. That pursuant to the stipulation of the parties, and the 26 allegations set forth in the Verified Complaint filed on November 27 25, 2008, the Court finds that there was reasonable cause for the 28 seizure and arrest of the defendant funds, and for the 3 Final Judgment of Forfeiture 1 commencement and prosecution of this forfeiture action, and a 2 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 3 shall be entered accordingly. 4 5 6 7 8 9 8. All parties will bear their own costs and attorneys' fees, if any. 9. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. IT IS SO ORDERED. Dated: July 12, 2010 10 11 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Verified Complaint filed November 25, 2008, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure or arrest of the defendant funds, and for the commencement and prosecution of this forfeiture action. Dated: July 12, 2010 24 25 26 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 27 28 4 Final Judgment of Forfeiture

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