United States of America v. Approximately $84,563.00 in U.S. Currency, and et al, No. 1:2008cv01641 - Document 18 (E.D. Cal. 2009)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Oliver W. Wanger on 4/3/2009. (Lundstrom, T)

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United States of America v. Approximately $84,563.00 in U.S. Currency, and et al 1 5 LAWRENCE G. BROWN Acting 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. 18 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 UNITED STATES OF AMERICA, ) 1:08-CV-01641-OWW-SMS ) Plaintiff, ) ) v. ) ) APPROXIMATELY $84,563.00 IN U.S. ) FINAL JUDGMENT OF FORFEITURE CURRENCY, and ) ) APPROXIMATELY $11,460.00 IN U.S. ) CURRENCY, ) ) Defendants. ) _____________________________________) 18 19 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 20 1. 21 This is a civil forfeiture action against defendants approximately $84,563.00 in U.S. Currency and approximately $11,460.00 in U.S. Currency (hereafter “defendant currency”). 22 2. A Verified Complaint for Forfeiture In Rem was filed on October 28, 2008, seeking 23 the forfeiture of the defendant currency, alleging the defendant currency is subject to forfeiture to 24 the United States of America pursuant to 21 U.S.C. § 881(a)(6) because the defendant currency 25 constitutes moneys or other things of value furnished or intended to be furnished in exchange for a 26 controlled substance or listed chemical, all proceeds traceable to such an exchange and/or was used 27 or intended to be used to facilitate one or more violations of 21 U.S.C. § 841 et seq. 28 /// Dockets.Justia.com 1 2 3 3. On November 3, 2008, in accordance with said Complaint, a Warrant for Arrest of Articles In Rem for the defendant currency was issued and duly executed on November 10, 2008. 4. Beginning on December 18, 2008, for at least 30 consecutive days, the United States 4 published notice of this action on the official internet government forfeiture site www.forfeiture.gov 5 as required by Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset 6 Forfeiture Actions. The Declaration of Publication was filed with the Court on February 26, 2009. 7 5. In addition to the Public Notice of Arrest having been completed, actual notice was 8 personally served upon Claimant Charles King and My-Hanh Dills aka My-Hanh Haynh Dills. To 9 date no parties have filed claims or answers in this matter, and the time for which any person or 10 11 entity may file a claim and answer has expired. 6. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against My- 12 Hanh Dills aka My-Hanh Haynh Dills on March 3, 2009. Pursuant to Local Rule A-540, the United 13 States and Claimant Charles King thus join in a request that as part of this Final Judgment of 14 Forfeiture in this case the Court enter a default judgment against the interests, if any, of My-Hanh 15 Dills aka My-Hanh Haynh Dills. 16 17 7. Claimant Charles King represents and warrants that he is the sole owner of the defendant currency. 18 Based on the above findings, and the files and records of the Court, it is hereby 19 ORDERED AND ADJUDGED: 20 1. 21 22 23 24 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 Charles King, My-Hanh Dills aka My-Hanh Haynh Dills, and all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture, $79,563.00 of the defendant 25 approximately $84,563.00 in U.S. Currency, together with any interest that may have accrued on the 26 full amount of the defendant approximately $84,563.00 in U.S. Currency, and the defendant 27 approximately $11,460.00 in U.S. Currency, together with any interest that may have accrued on this 28 amount shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of 2 1 according to law. 2 4. Within 45 days of entry of a Final Judgment of Forfeiture herein, $5,000.00 of the 3 defendant approximately $84,563.00 in U.S. Currency shall be returned to Claimant Charles King, 4 through his attorney of record, R. Frank Butler at 1327 N. Street, Fresno, California 93721. 5 5. Plaintiff United States of America and its servants, agents, and employees, and all 6 other public entities, their servants, agents, and employees, are released from any and all liability 7 arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant 8 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 9 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 10 11 12 The parties waive the provisions of California Civil Code § 1542. 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. 13 7. All parties shall bear their own costs and attorneys’ fees. 14 SO ORDERED THIS 3rd day of April, 2009. 15 16 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 17 18 19 CERTIFICATE OF REASONABLE CAUSE 20 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed October 28, 21 2008, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 22 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 23 the seizure and arrest of the defendant currency. 24 Dated: April 3, 2009 25 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 26 27 28 3

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