United States of America v. Approximately $290,502.12 in U.S. Currency seized from Bank of America et al, No. 2:2009cv01119 - Document 20 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge William B. Shubb on 1/19/10. Civil Case Terminated. CASE CLOSED.(Kaminski, H).

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United States of America v. Approximately $290,502.12 in U.S. Curre...rom Bank of America et al 1 2 3 4 5 6 Doc. 20 BENJAMIN B. WAGNER United States Attorney JEAN M. HOBLER 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 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 16 17 18 19 Plaintiff, v. APPROXIMATELY $290,502.12 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 695109651, HELD IN THE NAME OF ANDREY MALKO AND GABRIEL TRAVEL LLC, and APPROXIMATELY $4,178.59 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 695109651, HELD IN THE NAME OF ANDREY MALKO AND GABRIEL TRAVEL LLC, 20 Defendants. 21 22 23 24 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-01119-WBS-KJM 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 25 $290,502.12 in U.S. Currency seized from Bank of America Account 26 Number 695109651, held in the name of Andrey Malko and Gabriel 27 Travel LLC, and Approximately $4,178.59 in U.S. Currency seized 28 from Bank of America Account Number 695109651, held in the name 1 Final Judgment of Forfeiture Dockets.Justia.com 1 of Andrey Malko and Gabriel Travel LLC, (hereafter "the defendant 2 funds") seized on or about December 16, 2008, in Sacramento, 3 California, by the Department of the Treasury, Internal Revenue 4 Service. 5 2. A Complaint for Forfeiture In Rem (hereafter 6 "Complaint") was filed on April 23, 2009, seeking the forfeiture 7 of the defendant funds, alleging that said funds are subject to 8 forfeiture to the United States pursuant to 18 U.S.C. § 984 and 9 31 U.S.C. § 5317(c)(2). 10 3. On or about April 23, 2009, the Clerk issued a Warrant 11 for Arrest In Rem for the defendant funds, and that warrant was 12 duly executed on April 24, 2009. 13 4. On or about April 24, 2009, copies of the Complaint, 14 Application and Order for Publication, Warrant for Arrest In Rem, 15 and court notices were served on Donald H. Heller, attorney for 16 claimant Andrey Malko. 17 behalf of claimant. 18 5. Mr. Heller agreed to accept service on Beginning on April 29, 2009, for at least 30 consecutive 19 days, the United States published Notice of the Forfeiture Action 20 on the official internet government forfeiture site 21 www.forfeiture.gov. 22 June 12, 2009. 23 6. A Declaration of Publication was filed on Claimant Andrey Malko filed a Claim to the defendant 24 funds on May 19, 2009, and a Verified Answer to the Complaint on 25 July 1, 2009. 26 this matter, and the time for which any person or entity may file 27 a claim and answer has expired. 28 7. No other parties have filed claims or answers in Claimant Andrey Malko is the sole owner of the defendant 2 Final Judgment of Forfeiture 1 2 3 funds. Based on the above findings, and the files and records of the Court, it is hereby 4 ORDERED AND ADJUDGED: 5 1. The Court adopts the Stipulation for Final Judgment of 6 Forfeiture entered into by and between the parties to this 7 action. 8 2. 9 10 11 That judgment is hereby entered against claimant Andrey Malko and all other potential claimants who have not filed claims in this action. 3. Upon entry of this Final Judgment of Forfeiture, 12 $145,251.06 of the $290,502.12 in U.S. Currency seized from Bank 13 of America Account Number 695109651, and $2,089.29 of the 14 $4,178.59 in U.S. Currency seized from Bank of America Account 15 Number 695109651, together with any interest that may have 16 accrued on those amounts, shall be forfeited to the United States 17 pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2), to be 18 disposed of according to law. 19 4. Upon entry of this Final Judgment of Forfeiture, but no 20 later than 60 days thereafter, $145,251.06 of the $290,502.12 in 21 U.S. Currency seized from Bank of America Account Number 22 695109651, and $2,089.30 of the $4,178.59 in U.S. Currency seized 23 from Bank of America Account Number 695109651, together with any 24 interest that may have accrued on those amounts, shall be 25 returned by the Department of the Treasury, Internal Revenue 26 Service to claimant Andrey Malko through his attorney Donald H. 27 Heller. 28 5. That plaintiff United States of America and its 3 Final Judgment of Forfeiture 1 servants, agents, and employees and all other public entities, 2 their servants, agents, and employees, are released from any and 3 all liability arising out of or in any way connected with the 4 arrest, seizure, or forfeiture of the defendant funds. 5 full and final release applying to all unknown and unanticipated 6 injuries, and/or damages arising out of said arrest, seizure, or 7 forfeiture, as well as to those now known or disclosed. 8 parties waive the provisions of California Civil Code § 1542. 9 6. This is a The Claimant Andrey Malko waives any and all claim or right 10 to interest that may have accrued on the defendant funds being 11 forfeited to the United States. 12 7. That pursuant to the stipulation of the parties, and the 13 allegations set forth in the Complaint filed on or about April 14 23, 2009, the Court finds that there was reasonable cause for the 15 seizure and arrest of the defendant funds, and a Certificate of 16 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 17 accordingly. 18 8. 19 That all parties are to bear their own costs and attorney fees, if any. 20 SO ORDERED THIS 19th day of January, 2010. 21 22 23 24 25 26 27 28 /// /// /// /// /// 4 Final Judgment of Forfeiture 1 CERTIFICATE OF REASONABLE CAUSE 2 Pursuant to the Stipulation for Final Judgment of Forfeiture 3 filed herein and the allegations set forth in the Complaint filed 4 April 23, 2009, the Court enters this Certificate of Reasonable 5 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable 6 cause for the seizure and arrest of the defendant funds. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Final Judgment of Forfeiture

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