-SMS United States of America v. Approximately $188,207.24 in U.S. Currency Seized From Wells Fargo Bank Account No. 2012381455, No. 1:2009cv01390 - Document 51 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE/ORDER, signed by District Judge Lawrence J. O'Neill on 07/21/2011. CASE CLOSED (Martin-Gill, S)

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-SMS United States of America v. Approximately $188,207.24 i...rgo Bank Account No. 2012381455 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. 51 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, ) 1:09-CV-01390-LJO-SMS ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $188,207.24 IN U.S. ) CURRENCY SEIZED FROM WELLS ) FARGO BANK ACCOUNT NO. ) 2012381455, HELD IN THE NAME OF ) NOEL CASTILLO AND DENICE MARIE ) HECTOR, and ) ) APPROXIMATELY $199,832.00 IN U.S. ) CURRENCY SEIZED FROM BANK OF ) THE WEST SAFE DEPOSIT BOX NO. ) 200608, HELD IN THE NAME OF ) DENICE MARIE HECTOR, ) ) Defendant. ) _____________________________________) 25 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 26 1. This is a civil forfeiture action against defendant approximately $188,207.24 in U.S. 27 Currency seized from Wells Fargo Bank Account No. 2012381455, held in the name of Noel Castillo 28 and Denice Marie Hector, and approximately $199,832.00 in U.S. Currency seized from Bank of the 1 Final Judgment of Forfeiture Dockets.Justia.com 1 West Safe Deposit Box No. 200608, held in the name of Denice Marie Hector (hereafter “defendant 2 funds”). 3 2. A Verified Complaint for Forfeiture In Rem was filed on August 6, 2009, alleging that 4 said defendant funds are subject to forfeiture to the United States of America pursuant to 21 U.S.C. 5 § 881(a)(6). 6 7 3. which was duly executed on August 20, 2009. 8 9 10 4. Beginning on August 22, 2009, for at least 30 consecutive days, the United States published notice of this action on the official government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on December 1, 2009. 11 12 On August 12, 2009, the Clerk issued a Warrant for Arrest for the defendant funds, 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: 13 a. Noel Castillo 14 b. Denice Marie Hector 15 6. Claimants Noel Castillo and Denice Marie Hector state that they are the sole owners 16 of the defendant funds seized from the Wells Fargo bank account and have sole authority to enter 17 into this agreement. Claimant Denice Marie Hector states that she is the sole owner of the defendant 18 funds seized from the Bank of the West Safe Deposit Box and has authority to enter into this 19 agreement. Claimant Noel Castillo acknowledges that he has made no claim to the approximately 20 $199,832.00 in U.S. Currency seized from Bank of the West Safe Deposit Box No. 200608, held in 21 the name of Denice Marie Hector, together with any interest that may have accrued on that amount, 22 and is not entitled to return on any of the seized currency from the Bank of the West Safe Deposit 23 Box. 24 25 7. 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. 26 Based on the above findings, and the files and records of the Court, it is hereby 27 /// 28 /// 2 Final Judgment of Forfeiture 1 ORDERED AND ADJUDGED: 2 1. 3 4 5 6 The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. 2. That judgment is hereby entered against Claimants Noel Castillo, Denice Marie Hector, and all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture herein, the defendant approximately 7 $188,207.24 in U.S. Currency seized from Wells Fargo Bank Account No. 2012381455, held in the 8 name of Noel Castillo and Denice Marie Hector, together with any interest that may have accrued 9 on that amount, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 10 11 disposed of according to law. 4. Within 45 days of entry of a Final Judgment of Forfeiture, $72,000.00 of the 12 defendant $199,832.00 in U.S. Currency seized from Bank of the West Safe Deposit Box No. 13 200608, held in the name of Denice Marie Hector, shall be divided equally with $36,000.00 of the 14 $72,000.00 being deposited into (1) the Denice Hector Trust for the Education of Diego Castillo; and 15 (2) the Denice Hector Trust for the Education of Manuel Castillo. This Court ORDERS that the 16 funds for the minor be placed in a blocked account for the minor’s benefit in an appropriate financial 17 institution and that the minor’s funds shall not be withdrawn until the minor reaches age 18 or as 18 otherwise ordered by this Court. Trustee Denice Marie Hector, or her counsel of record, shall have 19 the financial institution into which the funds are deposited sign a “Receipt of Depository,” in an 20 appropriate pleading form, acknowledging the receipt of the funds and this Court order. Counsel 21 shall file the “Receipt of Depository” with the clerk of the Court. The remaining $127,832.00 seized 22 from the Bank of the West Safe Deposit Box No. 200608, held in the name of Denice Marie Hector, 23 together with any interest that may have accrued on that amount, shall be forfeited to the United 24 States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. Claimant Noel Castillo 25 acknowledges that he has made no claim to the approximately $199,832.00 in U.S. Currency seized 26 from Bank of the West Safe Deposit Box No. 200608, held in the name of Denice Marie Hector, 27 together with any interest that may have accrued on that amount, and is not entitled to return on any 28 of the seized currency from the Bank of the West Safe Deposit Box. 3 Final Judgment of Forfeiture 1 5. That plaintiff United States of America and its servants, agents, and employees, and 2 all other public entities, their servants, agents, and employees, are released from any and all liability 3 arising out of or in any way connected with the seizure, arrest, or forfeiture of the defendant funds. 4 This is a full and final release applying to all unknown and unanticipated injuries, and/or damages 5 arising out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The 6 parties waived the provisions of California Civil Code § 1542. 7 6. That pursuant to the stipulation of the parties, and the allegations set forth in the 8 Complaint filed on or about August 6, 2009, the Court finds that there was reasonable cause for the 9 seizure and arrest of the defendant funds, and for the commencement and prosecution of this 10 forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be 11 entered accordingly. 12 7. All parties shall bear their own costs and attorneys’ fees. 13 8. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of 14 Forfeiture. 15 SO ORDERED THIS 21 day of July , 2011. 16 17 /s/ Lawrence J. O’Neill LAWRENCE J. O’NEILL United States District Judge 18 19 CERTIFICATE OF REASONABLE CAUSE 20 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed August 6, 21 2009, 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 or arrest of the defendant funds, and for the commencement and prosecution of this 24 forfeiture action. 25 IT IS SO ORDERED. 26 27 Dated: b9ed48 July 21, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 28 4 Final Judgment of Forfeiture

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