-GSA United States of America v. Approximately $179,298.00 in U.S. Currency, No. 1:2009cv00648 - Document 34 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Chief Judge Anthony W. Ishii on 3/25/2011. (Marrujo, C)

Download PDF
-GSA United States of America v. Approximately $179,298.00 in U.S. Currency 1 5 BENJAMIN B. WAGNER United States Attorney ALYSON A. BERG 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. 34 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, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $179,298.00 IN U.S. ) CURRENCY, ) ) Defendant. ) __________________________________ ) 1:09-CV-00648-AWI-GSA FINAL JUDGMENT OF FORFEITURE 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 $179,298.00 in U.S. Currency (hereafter “defendant currency”). 20 2. A Verified Complaint for Forfeiture In Rem was filed on April 9, 2009, alleging that 21 said defendant currency is subject to forfeiture to the United States of America pursuant to 21 U.S.C. 22 § 881(a)(6). 23 24 3. On April 29, 2009, the Clerk issued a Warrant for Arrest for the defendant currency, which was duly executed on May 4, 2009. 25 4. Beginning on May 19, 2009, for at least 30 consecutive days, the United States 26 published notice of this action on the official government forfeiture site www.forfeiture.gov. A 27 Declaration of Publication was filed on July 6, 2009. 28 /// FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 2 5. In addition to public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals: 3 a. Clarence Pickens 4 b. Chanteary Sao 5 6. Claimant Clarence Pickens filed a claim to this action. No other parties have filed 6 claims or answers in this matter, and the time for which any person or entity may file a claim and 7 answer has expired. 8 7. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against 9 Chanteary Sao on February 11, 2011. Pursuant to Local Rule 540, the United States and claimant 10 Clarence Pickens thus join in a request that as part of this Final Judgment of Forfeiture in this case 11 the Court enter a default judgment against the interest, if any, of Chanteary Sao. 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 Clarence Pickens, Chanteary Sao, and all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture herein, $100,000.00 of the 19 approximately $179,298.00 in U.S. Currency, together with any interest that may have accrued on 20 that amount, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed 21 of according to law. 22 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 45 days 23 thereafter, $79,298.00 of the approximately $179,298.00 in U.S. Currency, together with any interest 24 that may have accrued on that amount, shall be returned to claimant Clarence Pickens through his 25 attorney Anthony J. Feldstein at 140 Geary Street, 7th Floor, San Francisco, CA 94108. 26 5. Plaintiff United States of America and its servants, agents, and employees, and all 27 other public entities, their servants, agents, and employees, are hereby released from any and all 28 liability arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant FINAL JUDGMENT OF FORFEITURE 2 1 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 2 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 3 The parties to this stipulation agree to waive the provisions of California Civil Code § 1542. 4 5 6. There was reasonable cause for the seizure and arrest of the defendant currency and that the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 6 7. All parties are to bear their own costs and attorneys’ fees. 7 8. The Court shall maintain jurisdiction to enforce the terms of the Final Judgment of 8 9 Forfeiture. 9. There are no other terms or conditions other than those specified herein. 10 11 CERTIFICATE OF REASONABLE CAUSE 12 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed April 9, 13 2009, 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 seizure of the defendant currency. 16 17 IT IS SO ORDERED. 18 19 Dated: 0m8i78 March 25, 2011 CHIEF UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT OF FORFEITURE 3

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.