USA v. Approx $178,000.00, et al, No. 1:2003cv06340 - Document 55 (E.D. Cal. 2009)

Court Description: FINAL JUDGMENT OF FORFEITURE ORDER, signed by Judge Oliver W. Wanger on 9/23/2009. (Martin, S)

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USA v. Approx $178,000.00, et al 1 Doc. 55 5 LAWRENCE G. BROWN United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 6 Attorneys for Plaintiff 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES OF AMERICA, ) 1:03-CV-06340-OWW-SMS ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $178,000.00 IN U.S. ) CURRENCY; ) ) APPROXIMATELY $87,987.00 IN U.S. ) CURRENCY; ) ) $20,000.00 IN TRAVELERS EXPRESS ) MONEY ORDERS; ) ) $57,360.72 SEIZED FROM BANK OF ) THE SIERRA ACCOUNT NO. 082249867; ) ) $63,372.00 SEIZED FROM BANK OF ) THE WEST ACCOUNT NO. 705022531; ) and, ) ) $23,469.66 SEIZED FROM BANK OF ) THE WEST ACCOUNT NO. 705022531, ) ) Defendants. ) _____________________________________) 25 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 26 1. This is a civil forfeiture action against defendants approximately $178,000.00 in U.S. 27 Currency; approximately $87,987.00 in U.S. Currency; $20,000.00 in Travelers Express Money 28 Orders; $57,360.72 seized from Bank of the Sierra Account No. 082249867; $63,372.00 seized from FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 Bank of the West Account No. 705022531; and $23,469.66 seized from Bank of the West Account 2 No. 705022531 (hereafter “defendant funds”). 3 2. A Verified Complaint for Forfeiture In Rem was filed on September 29, 2003, seeking 4 the forfeiture of the defendant funds, alleging said funds were subject to forfeiture to the United 5 States of America pursuant to 18 U.S.C. § 981(a)(1)(C) because the defendant funds constitute or 6 are derived from proceeds traceable to an offense constituting specified unlawful activity as defined 7 in 18 U.S.C. § 1956(c)(7), including 18 U.S.C. § 1028 (identity theft), 18 U.S.C. § 1341 (mail fraud), 8 and 18 U.S.C. § 1343 (wire fraud), or a conspiracy to commit such offenses. 9 September 29, 2003, in accordance with said Complaint, Summons and Warrants of Arrest for the 10 11 3. O n defendant funds were issued and duly executed on January 22 and 26, 2004. 4. On or about February 6, 2004, a Public Notice of Arrest of the defendant funds 12 appeared by publication in The Business Journal, a newspaper of general circulation in the county 13 in which the defendant funds were seized (Fresno County). The Proof of Publication was filed with 14 the court on March 15, 2004. 15 5. In addition to the Public Notice of Arrest having been completed, actual notice was 16 personally served upon Meisa Rashid, Salameh Rashid, and Shoukrie Rashid and notice was sent 17 to Bank of the Sierra. 18 6. On November 19, 2003, Bank of the Sierra filed an Amended Answer to the 19 Complaint. On December 9, 2003, Plaintiff filed a Motion to Dismiss Claim and Answer of 20 Unsecured Creditor Due to Lack of Standing or in the Alternative for Summary Judgment against 21 Bank of the Sierra. On December 12, 2003, Meisa Rashid, Salameh Rashid, and Shoukrie Rashid 22 filed their Claims and Answer. On January 27, 2004, the Court entered an Order granting Plaintiff’s 23 Motion to Dismiss Claim and Answer of Unsecured Creditor Due to Lack of Standing or in the 24 Alternative for Summary Judgment against Bank of the Sierra. 25 26 27 28 7. To date, no other parties have filed claims or answers in this matter, and the time for which any person or entity may file a claim and answer has expired. 8. The United States’ allegations are set forth in its Verified Complaint for Forfeiture In Rem filed September 29, 2003. FINAL JUDGMENT OF FORFEITURE 2 1 9. On or about September 30, 2004, a Federal Grand Jury in the Eastern District of 2 California charged Salameh Mohammad Rashid with violations of 18 U.S.C. § 1956(h) and 18 3 U.S.C. § 922(g)(1) in a Superseding Indictment in U.S. v. Salameh Mohammad Rashid, et al., 1:03- 4 CR-05220-OWW. On March 12, 2007, Salameh Mohammad Rashid pled guilty to a violation of 5 18 U.S.C. § 1956(h) - Conspiracy to Launder Money and he was sentenced on June 18, 2007. 6 Based on the above findings, and the files and records of the Court, it is hereby 7 ORDERED AND ADJUDGED: 8 9 1. between the parties to this action. 10 11 The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 2. Judgment is hereby entered against claimants Meisa Rashid, Salameh Rashid, Shoukrie Rashid, and all other potential claimants who have not filed claims in this action. 12 3. Upon entry of this Final Judgment of Forfeiture, the defendants approximately 13 $178,000.00 in U.S. Currency; $67,987.00 of the defendant approximately $87,987.00 in U.S. 14 Currency; $20,000.00 in Travelers Express Money Orders; $57,360.72 seized from Bank of the 15 Sierra Account No. 082249867; $63,372.00 seized from Bank of the West Account No. 705022531; 16 and, $23,469.66 seized from Bank of the West Account No. 705022531, together with any interest 17 that may have accrued on the total of each amount, seized on or about April 23 and 25, 2003, shall 18 be forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(C), to be disposed of according 19 to law. 20 4. Upon entry of this Final Judgment of Forfeiture herein, but no later than 45 days 21 thereafter, $20,000.00 of the approximately $87,987.00 in U.S. Currency shall be returned to 22 Claimants Meisa Rashid and Shoukrie Rashid through their attorney Anthony P. Capozzi, 1233 West 23 Shaw Avenue, Suite 102, Fresno, California 93711. 24 5. That Plaintiff United States of America and its servants, agents, and employees, and 25 all other public entities, their servants, agents, and employees are released from any and all liability 26 arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant funds. 27 This is a full and final release applying to all unknown and unanticipated injuries, and/or damages 28 arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. The FINAL JUDGMENT OF FORFEITURE 3 1 2 parties waive the provisions of California Civil Code § 1542. 6. Pursuant to the stipulation of the parties, and allegations set forth in the Verified 3 Complaint for Forfeiture In Rem filed September 29, 2003, the Court finds that there was reasonable 4 cause for the seizure and arrest of the defendant funds, and a Certificate of Reasonable Cause 5 pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 6 7. That all parties shall bear their own costs and attorneys' fees. 7 SO ORDERED THIS 23rd day of September, 2009. 8 9 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 10 11 12 CERTIFICATE OF REASONABLE CAUSE 13 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, and the allegations 14 set forth in the Verified Complaint for Forfeiture In Rem filed September 29, 2003, the Court enters 15 this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause 16 for the seizure of the defendant funds. 17 Dated: September 23, 2009 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT OF FORFEITURE 4

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