United States v. Approximately $493,215.00 in U.S. Currency, No. 1:2007cv01492 - Document 14 (E.D. Cal. 2008)

Court Description: FINAL JUDGMENT of FORFEITURE; ORDER signed by Judge Oliver W. Wanger on 2/5/2008. (Esteves, C)

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United States v. Approximately $493,215.00 in U.S. Currency 1 5 McGREGOR W. SCOTT United States Attorney STEPHANIE HAMILTON BORCHERS Assistant U.S. Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 6 Doc. 14 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 UNITED STATES OF AMERICA, ) 1:07-CV-01492-OWW-DLB ) Plaintiff, ) ) FINAL JUDGMENT OF FORFEITURE v. ) ) APPROXIMATELY $493,215.00 IN U.S. ) CURRENCY, ) ) Defendant. ) _____________________________________) 17 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 18 1. 19 This is a civil forfeiture action against approximately $493,215.00 in U.S. Currency (hereafter “defendant currency”) seized on August 30, 2006 in Delano, California. 20 2. A Verified Complaint for Forfeiture In Rem was filed on October 11, 2007, seeking 21 the forfeiture of the defendant currency, alleging said currency is subject to forfeiture to the United 22 States of America pursuant to 21 U.S.C. § 881(a)(6) because the defendant currency constitutes 23 moneys or other things of value furnished or intended to be furnished in exchange for a controlled 24 substance or listed chemical, all proceeds traceable to such an exchange and/or was used or intended 25 to be used to facilitate one or more violations of 21 U.S.C. § 841 et seq. 26 3. On October 15, 2007, in accordance with said Complaint, a Warrant for Arrest of 27 Articles In Rem for the defendant currency was issued and duly executed on October 16, 2007. 28 /// Dockets.Justia.com 1 4. On or about December 7, 2007, a Public Notice of Arrest and Seizure of the defendant 2 currency appeared by publication in the Daily Report, a newspaper of general circulation in the 3 county in which the defendant currency was seized (Kern County). The Proof of Publication was 4 filed with the Court on February 5, 2008. 5 5. In addition to the Public Notice of Arrest having been completed, actual notice was 6 personally served upon Frank Hoang Van Lam and Kevin Tunghoang Lam. To date, neither have 7 filed a claim or answer in this case. 8 9 6. 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. 10 Based on the above findings, and the files and records of the Court, it is hereby 11 ORDERED AND ADJUDGED: 12 1. 13 between the parties to this action. 14 15 The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 2. That judgment is hereby entered against potential claimants Frank Hoang Van Lam, Kevin Tunghoang Lam, and all other potential claimants who have not filed claims in this action. 16 3. The defendant approximately $493,215.00 in U.S. Currency, plus any interest that 17 may have accrued, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 18 disposed of according to law. 19 4. Potential Claimants Frank Hoang Van Lam and Kevin Tunhoang Lam waive any and 20 all claim or right to interest that may have accrued on the defendant currency, or any portion thereof, 21 seized on or about August 30, 2006. 22 5. Plaintiff United States of America and its servants, agents, and employees, and all 23 other public entities, their servants, agents, and employees, are released from any and all liability 24 arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant 25 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 26 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 27 The parties waive the provisions of California Civil Code § 1542. 28 /// 2 1 6. Pursuant to the stipulation of the parties, and the allegations set forth in the Verified 2 Complaint for Forfeiture In Rem filed October 11, 2007, the Court finds that there was reasonable 3 cause for the seizure and arrest of the defendant currency, and a Certificate of Reasonable Cause 4 pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 5 6 7 7. This Final Judgment of Forfeiture does not affect the pending criminal prosecution in United States District Court Case No. CR-06-0644 CRB, Northen District of California. 8. All parties shall bear their own costs and attorneys’ fees. 8 9 10 11 12 13 CERTIFICATE OF REASONABLE CAUSE 14 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, and the allegations 15 set forth in the Verified Complaint for Forfeiture In Rem filed October 11, 2007, the Court enters this 16 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 17 the seizure and arrest of the defendant currency. 18 IT IS SO ORDERED. 19 Dated: 20 February 5, 2008 /s/ Oliver W. Wanger emm0d6UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 3

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