United States of America v. Approximately $26,490.00 in U.S. Currency, No. 2:2010cv02057 - Document 21 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Morrison C. England, Jr on 3/31/11 ORDERING upon entry of this Final Judgment of Forfeiture, $17,660.00 of the $26,490.00 in U.S. Currency, together with any interest that may have accrued on tha t amount, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law; upon entry of this Final Judgment of Forfeiture herein, but no later than 60 days thereafter, $8,830.00 of the $26 ,490.00 in U.S. Currency, together with any interest that may have accrued on that amount, shall be returned to claimant Michelle Robinson through her attorney Brian J. Petersen; all parties are to bear their own costs and attorneys' fees and the Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. (Carlos, K)

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United States of America v. Approximately $26,490.00 in U.S. Currency 1 2 3 4 Doc. 21 BENJAMIN B. WAGNER United States Attorney KURT A. DIDIER Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 16 ) ) ) ) ) ) ) ) ) ) ) 17 Pursuant to the Stipulation for Final Judgment of Forfeiture, 12 13 14 Plaintiff, v. APPROXIMATELY $26,490.00 IN U.S. CURRENCY, 15 Defendant. 18 19 2:10-CV-02057-MCE-GGH FINAL JUDGMENT OF FORFEITURE the Court finds: 1. This is a civil forfeiture action against Approximately 20 $26,490.00 in U.S. Currency (hereafter "defendant currency") seized 21 on or about February 18, 2010. 22 2. A Verified Complaint for Forfeiture In Rem was filed on 23 August 2, 2010, alleging that said defendant currency is subject to 24 forfeiture to the United States of America pursuant to 21 U.S.C. § 25 881(a)(6). 26 3. On or about August 12, 2010, the Clerk issued a 27 Warrant for Arrest for the defendant currency, and that warrant was 28 duly executed on August 13, 2010. 1 Final Judgment of Forfeiture Dockets.Justia.com 1 4. Beginning on August 10, 2010, for at least 30 consecutive 2 days, the United States published Notice of the Forfeiture Action 3 on the official internet government forfeiture site 4 www.forfeiture.gov. 5 September 9, 2010. 6 5. A Declaration of Publication was filed on In addition to the public notice on the official internet 7 government forfeiture site www.forfeiture.gov, actual notice was 8 given to the following individuals: 9 a. Michelle Robinson 10 b. Mandel Jackson 11 6. On October 26, 2010, Michelle Robinson filed a Claim of 12 Ownership asserting an interest in the defendant currency. 13 November 16, 2010, Michelle Robinson filed an Answer. 14 parties have filed claims or answers in this matter and the time 15 for which any person or entity may file a claim and answer has 16 expired. 17 7. On No other The Clerk of the Court entered a Clerk's Certificate of 18 Entry of Default against Mandel Jackson on October 7, 2010. 19 Pursuant to Local Rule 540, the United States and claimant thus 20 join in a request that as part of the Final Judgment of Forfeiture 21 in this case the Court enter a default judgment against the 22 interest, if any, of Mandel Jackson without further notice. 23 Based on the above findings, and the files and records of the 24 Court, it is hereby ORDERED AND ADJUDGED: 25 /// 26 /// 27 /// 28 /// 2 Final Judgment of Forfeiture 1 2 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. 3 2. That judgment is hereby entered against claimant Michelle 4 Robinson and all other potential claimants who have not filed 5 claims in this action. 6 3. Upon entry of this Final Judgment of Forfeiture, 7 $17,660.00 of the $26,490.00 in U.S. Currency, together with any 8 interest that may have accrued on that amount, shall be forfeited 9 to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 10 disposed of according to law. 11 4. Upon entry of this Final Judgment of Forfeiture herein, 12 but no later than 60 days thereafter, $8,830.00 of the $26,490.00 13 in U.S. Currency, together with any interest that may have accrued 14 on that amount, shall be returned to claimant Michelle Robinson 15 through her attorney Brian J. Petersen. 16 5. That plaintiff United States of America and its servants, 17 agents, and employees and all other public entities, their 18 servants, agents, and employees, are released from any and all 19 liability arising out of or in any way connected with the seizure, 20 arrest, or forfeiture of the defendant currency. 21 and final release applying to all unknown and unanticipated 22 injuries, and/or damages arising out of said seizure, arrest, or 23 forfeiture, as well as to those now known or disclosed. 24 parties waived the provisions of California Civil Code § 1542. 25 /// 26 /// 27 /// 28 /// 3 This is a full The Final Judgment of Forfeiture 1 6. That pursuant to the stipulation of the parties, and the 2 allegations set forth in the Complaint filed on or about August 2, 3 2010, the Court finds that there was reasonable cause for the 4 seizure and arrest of the defendant currency, and for the 5 commencement and prosecution of this forfeiture action, and a 6 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall 7 be entered accordingly. 8 9 10 11 12 7. All parties are to bear their own costs and attorneys' 8. The Court shall maintain jurisdiction to enforce the terms fees. of this Final Judgment of Forfeiture. SO ORDERED THIS 30th day of March, 2011. 13 14 15 16 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 17 August 2, 2010, and the Stipulation for Final Judgment of Forfeiture 18 filed herein, the Court enters this Certificate of Reasonable Cause 19 pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the 20 seizure 21 commencement and prosecution of this forfeiture action. 22 or arrest of the defendant properties, and for the Dated: March 31, 2011 23 24 25 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 26 27 28 4 Final Judgment of Forfeiture

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