United States of America v. Mercedes Benz C5 et al, No. 2:2010cv00344 - Document 20 (W.D. Wash. 2011)
Court Description: FINAL JUDGMENT of Forfeiture of Property, signed by Judge Robert J. Bryan. (3 cert copies forwarded to AUSA SEA/cc Jessica Vianez).(DK)
Download PDF
<![CDATA[
United States of America v. Mercedes Benz C5 et al Doc. 20 The Honorable Robert J. Bryan 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 UNITED STATES OF AMERICA, Plaintiff, 11 v. 12 13 14 15 16 NO. C10-344 RJB ONE (1) 2003 MERCEDES BENZ C5, WITH WASHINGTON LICENSE PLATE 273VMR, and VIN WDBTJ75J83F010876, ONE (1) 18K GOLD JUVENIA WRISTWATCH with serial number 1329037, 17 TWO (2) GOLD MEN’S RINGS WITH DIAMOND INLAY, 18 FINAL JUDGMENT OF FORFEITURE AS TO ONE (1) 18K GOLD JUVENIA WRISTWATCH WITH SERIAL NUMBER 1329037, TWO (2) GOLD MEN’S RINGS WITH DIAMOND INLAY, and ONE (1) GOLD AND DIAMOND MEN’S BRACELET and 19 ONE (1) GOLD AND DIAMOND MEN’S BRACELET, 20 21 Defendants. 22 23 On March 2, 1010, Plaintiff, United States of America, filed its Verified Complaint 24 for Forfeiture In Rem against One (1) 2003 Mercedes Benz C5, with Washington license 25 plate 273VMR and VIN WDBTJ75J83F010876, One (1) 18K Gold Juvenia Wristwatch 26 with serial number 1329037, Two (2) Gold Men’s Rings with Diamond Inlay, and One 27 (1) Gold and Diamond Men’s Bracelet, pursuant to 18 U.S.C. § 981(a)(1)(C) and 18 28 U.S.C. § 1594(d)(2), for violations of 18 U.S.C. §§ 1591(a)(1) and 1591(b)(1), and JUDGMENT OF FORFEITURE US v. ONE(1) 2003 MERCEDES BENZ C5, et al. -1 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 (206) 553-7970 Dockets.Justia.com 1 pursuant to 18 U.S.C. § 981(a)(1)(C) and 18 U.S.C. § 2428(a)(2) for violations of 18 2 U.S.C. § 2421 and 18 U.S.C. § 2423. On April 6, 2010, the United States filed a Notice of Complaint for Forfeiture In 3 4 Rem in which all interested persons were advised to file their claims pursuant to 5 Supplemental Rule G(5) of the Federal Rules of Civil Procedure with the Clerk of the 6 Court within thirty (30) days after the date of publication and to serve their Answers to 7 the Complaint within twenty (20) days after filing a claim. Notice of the forfeiture action was also available on the www.forfeiture.gov 8 9 website for at least 18 hours per day between March 9, 2010 and April 7, 2010. See 10 Docket No. 7. All interested persons were advised to file their claims pursuant to 11 Supplemental Rule G(5) of the Federal Rules of Civil Procedure with the Clerk of the 12 Court within sixty (60) days after the first date of publication and to serve their Answers 13 to the Complaint within twenty (20) days after filing a claim. On April 21, 2010, Jessica Vianez, Pro Se, filed a claim stating her interest in the 14 15 above captioned defendant vehicle. On November 3, 2010, the United States sent, via certified and regular mail, the 16 17 Verified Complaint for Forfeiture In Rem and Notice of Complaint for Forfeiture In Rem 18 to Juan Vianez at the Sea Tac Federal Detention Center in Seattle, Washington. The 19 mailing was conspicuously labeled, “Legal Mail - Open in Presence of Inmate.” The 20 Certified Mail Return Receipt No. 7010 0290 0002 1964 3187 indicates delivery to Juan 21 Vianez at the Sea Tac Federal Detention Center in Seattle, Washington, on November 5, 22 2010. 23 On November 3, 2010, the United States sent, via certified and regular mail, the 24 Verified Complaint for Forfeiture In Rem and Notice of Complaint for Forfeiture In Rem 25 to Juan Vianez-Diaz, Sr. at the Coyote Ridge Corrections Center in Connell, Washington. 26 The mailing was conspicuously labeled, “Legal Mail - Open in Presence of Inmate.” The 27 Certified Mail Return Receipt No. 7010 0290 0002 1964 3170 indicates delivery to Juan 28 JUDGMENT OF FORFEITURE US v. ONE(1) 2003 MERCEDES BENZ C5, et al. -2 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 (206) 553-7970 1 Vianez-Diaz, Sr. the Coyote Ridge Corrections Center in Connell, Washington on 2 November 5, 2010. No claim to the above captioned defendant vehicle or jewelry was filed by Juan 3 4 Vianez and Juan Vianez-Diaz, Sr. or any other unknown person and no answer to the 5 complaint was filed by Juan Vianez and Juan Vianez-Diaz, Sr. or any other unknown 6 person. The time allowed for filing a claim has expired. On December 28, 2010, the Court entered an Order of Default, pursuant to Rule 7 8 55(a) of the Federal Rules of Civil Procedure, against Juan Vianez-Diaz, Sr., Juan Vianez, 9 and any unknown persons or entities who have failed to plead, answer, or otherwise 10 submit a claim as to the above-captioned defendant property. On January 4, 2011, the Court entered an order approving a stipulated settlement 11 12 agreement between the United States and Jessica Vianez, Pro Se, in which the United 13 States stipulated and agreed to the return of One (1) 2003 Mercedes Benz C5, with 14 Washington license plate 273VMR and VIN WDBTJ75J83F010876 and Jessica Vianez, 15 Pro Se, in turn, stipulated and agreed to the forfeiture of the above listed defendant 16 jewelry. Now, therefore, on Motion of the Plaintiff, the United States of America, for a 17 18 Judgment of Forfeiture as to the One (1) 18K Gold Juvenia Wristwatch with serial 19 number 1329037, Two (2) Gold Men’s Rings with Diamond Inlay, and One (1) Gold and 20 Diamond Men’s Bracelet to the United States of America, it is hereby 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 JUDGMENT OF FORFEITURE US v. ONE(1) 2003 MERCEDES BENZ C5, et al. -3 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 (206) 553-7970 1 2 ORDERED, ADJUDGED and DECREED as follows: 1. This Court has jurisdiction over this action under Title 28, United States 3 Code, Sections 1345 and 1355. This Court has venue pursuant to Title 28, United States 4 Code, Section 1395. 5 2. The defendant jewelry, more particularly described as One (1) 18K Gold 6 Juvenia Wristwatch with serial number 1329037, Two (2) Gold Men’s Rings with 7 Diamond Inlay, and One (1) Gold and Diamond Men’s Bracelet, are hereby forfeited to 8 the United States of America and no right, title or interest in the above-described 9 defendant jewelry shall exist in any other party. 10 3. The United States Department of Treasury, Internal Revenue - Criminal 11 Investigation and/or its agents and representatives shall dispose of the above-referenced 12 defendant forfeited jewelry in accordance with the law. 13 14 4. The Clerk of the Court shall deliver three (3) “raised seal,” certified copies of the Judgment of Forfeiture to the United States Attorney’s Office in Seattle. 15 DATED this 12th day of January, 2011. 16 A 17 18 Robert J Bryan United States District Judge 19 20 21 Presented by: 22 23 24 25 26 27 s/James M. Lord JAMES M. LORD Assistant United States Attorney United States Attorney’s Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Telephone: (206) 553-2242 Fax: (206) 553-6934 Email: Jim.Lord@usdoj.gov 28 JUDGMENT OF FORFEITURE US v. ONE(1) 2003 MERCEDES BENZ C5, et al. -4 UNITED STATES ATTORNEY 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 (206) 553-7970
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
