United States of America v. Approximately $13,402.59 in U.S. Currency, No. 1:2008cv01108 - Document 21 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT of Forfeiture signed by Judge Oliver W. Wanger on 9/20/2010. CASE CLOSED. (Esteves, C)
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United States of America v. Approximately $13,402.59 in U.S. Currency 1 5 BENJAMIN B. WAGNER 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 Doc. 21 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, ) 1:08-CV-01108-OWW-GSA ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $13,402.59 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 defendant approximately $13,402.59 in U.S. Currency (hereafter “defendant currency”). 20 2. A Verified Complaint for Forfeiture In Rem was filed on July 31, 2008, seeking the 21 forfeiture of the defendant currency, alleging said currency is subject to forfeiture to the United 22 States of America pursuant to 18 U.S.C. § 981(a)(1)(C) because the defendant currency represents 23 proceeds of a specified unlawful activity in violation of 18 U.S.C. § 2313 or fungible property 24 thereof pursuant to 18 U.S.C. § 984. 25 3. On August 1, 2008, in accordance with said Complaint, a Warrant for Arrest of 26 Articles In Rem for the defendant currency was issued and duly executed on August 7, 2008. 27 /// 28 /// 1 FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 4. On or about August 26, 2008, a Public Notice of Arrest of the defendant currency 2 appeared by publication in the Modesto Bee, a newspaper of general circulation in the county in 3 which the defendant currency was seized (Stanislaus County). The Declaration of Publication was 4 filed with the Court on November 3, 2008. 5 5. In addition to the publication of the forfeiture action, actual notice was personally 6 served upon Claimants. On August 21, 2008, Claimants Robert Holloway and Kathryn Holloway 7 filed verified Claims and Answers in this action. To date, no other parties have filed claims or 8 answers in this matter, and the time for which any other person or entity may file a claim and answer 9 has expired. 10 11 6. Claimants Robert Holloway and Kathryn Holloway represent and warrant that they are the sole owners of the defendant currency. 12 Based on the above findings, and the files and records of the Court, it is hereby 13 ORDERED AND ADJUDGED: 14 1. 15 16 17 18 The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. 2. Judgment is hereby entered against all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture, $6,701.30 of the defendant 19 approximately $13,402.59 in U.S. Currency, together with any interest that may have accrued on this 20 amount, shall be forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(C), to be disposed 21 of according to law. 22 4. Within 45 days of entry of a Final Judgment of Forfeiture, $6,701.29 of the defendant 23 approximately $13,402.59 in U.S. Currency shall be returned to Claimant Kathryn Holloway through 24 her attorney Roger K. Vehrs at 2300 Tulare Street, Suite 250, Fresno, California 93721. 25 5. Plaintiff United States of America and its servants, agents, and employees, and all 26 other public entities, their servants, agents, and employees, are released from any and all liability 27 arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant 28 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 2 FINAL JUDGMENT OF FORFEITURE 1 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 2 The parties waive the provisions of California Civil Code § 1542. 3 4 6. There was reasonable cause for the seizure and arrest of the defendant currency, and the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 5 7. All parties shall bear their own costs and attorneys’ fees. 6 SO ORDERED THIS 20th day of September , 2010. 7 8 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 9 10 11 CERTIFICATE OF REASONABLE CAUSE 12 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed July 31, 13 2008, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 14 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 15 the seizure and arrest of the defendant currency. 16 Dated: September 20, 2010 17 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 18 19 20 21 22 23 24 25 26 27 28 3 FINAL JUDGMENT OF FORFEITURE