United States v. Approximately $81,915.00 in U.S. Currency Seized from US Bancorp Investments Account et al, No. 1:2009cv01583 - Document 29 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by District Judge Lawrence J. O'Neill on December 2, 2010. (Lira, I)
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United States v. Approximately $81,915.00 in U.S. Currency Seized f...Investments Account et al 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. 29 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 25 UNITED STATES OF AMERICA, ) 1:09-CV-01583-LJO-SMS ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $81,915.00 IN U.S. ) CURRENCY SEIZED FROM US ) BANCORP INVESTMENTS ACCOUNT ) #23475254, HELD IN THE NAME OF ) RAYMOND D. MENDOSA, JR., ) ) APPROXIMATELY $52,924.11 IN U.S. ) CURRENCY SEIZED FROM GUARANTY ) BANK ACCOUNT #4440144402, HELD IN ) THE NAME OF RAYMOND D. ) MENDOSA, SR. AND JOYCE MENDOSA, ) ) APPROXIMATELY $2,725.77 IN U.S. ) CURRENCY SEIZED FROM US BANK ) ACCOUNT #153457386065, HELD IN THE ) NAME OF RAYMOND D. MENDOSA, JR., ) and ) ) APPROXIMATELY $4,691.00 IN U.S. ) CURRENCY, ) ) Defendants. ) _____________________________________) 26 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 27 1. 28 This is a civil forfeiture action against defendants approximately $81,915.00 in U.S. Currency seized on April 15, 2009, from US Bancorp Investments Account #23475254, held in the FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 name of Raymond D. Mendosa, Jr.; approximately $52,924.11 in U.S. Currency seized on April 13, 2 2009, from Guaranty Bank Account #4440144402, held in the name of Raymond D. Mendosa, Sr. 3 and Joyce Mendosa; approximately $2,725.77 in U.S. Currency seized on April 15, 2009, from US 4 Bank Account #153457386065, held in the name of Raymond D. Mendosa, Jr.; and, approximately 5 $4,691.00 in U.S. Currency (hereafter “defendant funds”). 6 2. A Verified Complaint for Forfeiture In Rem was filed on September 4, 2009, seeking 7 the forfeiture of the defendant funds, alleging the defendant funds are subject to forfeiture to the 8 United States of America pursuant to 21 U.S.C. § 881(a)(6) because the defendant funds constitutes 9 moneys or other things of value furnished or intended to be furnished in exchange for a controlled 10 substance or listed chemical, all proceeds traceable to such an exchange and/or were used or intended 11 to be used to facilitate one or more violations of 21 U.S.C. § 841 et seq. 12 3. On June 17, 2010, in accordance with the Complaint, a Warrant for Arrest of Articles 13 In Rem for the defendant funds was issued and duly executed on defendants approximately 14 $52,924.11 in U.S. Currency seized on April 13, 2009, from Guaranty Bank Account #4440144402, 15 held in the name of Raymond D. Mendosa, Sr. and Joyce Mendosa; approximately $2,725.77 in U.S. 16 Currency seized on April 15, 2009, from US Bank Account #153457386065, held in the name of 17 Raymond D. Mendosa, Jr.; and, approximately $4,691.00 in U.S. Currency on September 22, 2009 18 and on the defendant approximately $81,915.00 in U.S. Currency seized on April 15, 2009, from US 19 Bancorp Investments Account #23475254, held in the name of Raymond D. Mendosa, Jr. on July 20 7, 2010. 21 22 4. Beginning on September 24, 2009, for at least 30 consecutive days, the United States published notice of this action on the official government forfeiture site www.forfeiture.gov. 23 5. In addition to the publication of the forfeiture action, actual notice was made or 24 attempted upon Raymond D. Mendosa, Jr., Joyce Mendosa, and Raymond D. Mendosa, Sr. To date, 25 only Raymond D. Mendosa, Jr., Joyce Mendosa, and Raymond D. Mendosa, Sr. have filed claims 26 and answers to this action. No other parties have filed claims or answers in this matter, and the time 27 for which any person or entity may file a claim and answer has expired. 28 /// FINAL JUDGMENT OF FORFEITURE 2 1 6. Claimant Raymond D. Mendosa, Jr. represents and warrants that he is the sole owner 2 of the defendants approximately $81,915.00 in U.S. Currency seized from US Bancorp Investments 3 Account #23475254, held in the name of Raymond D. Mendosa, Jr., approximately $2,725.77 in 4 U.S. Currency seized from US Bank Account #153457386065, held in the name of Raymond D. 5 Mendosa, Jr., and approximately $4,691.00 in U.S. Currency. Claimants Joyce Mendosa and 6 Raymond D. Mendosa, Sr. represent and warrant that they are the sole owners of the defendant 7 approximately $52,924.11 in U.S. Currency seized from Guaranty Bank Account #4440144402, held 8 in the names of Raymond D. Mendosa, Sr. and Joyce Mendosa. 9 Based on the above findings, and the files and records of the Court, it is hereby 10 ORDERED AND ADJUDGED: 11 1. 12 13 14 15 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 Raymond D. Mendosa, Jr., Joyce Mendosa, Raymond D. Mendosa, Sr., and all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture, $40,957.50 of the defendant 16 approximately $81,915.00 in U.S. Currency seized from US Bancorp Investments Account 17 #23475254, held in the name of Raymond D. Mendosa, Jr.; $1,362.89 of the defendant 18 approximately $2,725.77 in U.S. Currency seized from US Bank Account #153457386065, held in 19 the name of Raymond D. Mendosa, Jr.; and, $2,345.50 of the defendant approximately $4,691.00 20 in U.S. Currency, together with any interest that may have accrued on the full $81,915.00, $2,725.77, 21 and $4,691.00 amounts, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to 22 be disposed of according to law. 23 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 45 days 24 thereafter, $40,957.50 of the defendant approximately $81,915.00 in U.S. Currency seized from US 25 Bancorp Investments Account #23475254, held in the name of Raymond D. Mendosa, Jr.; $1,362.88 26 of the defendant approximately $2,725.77 in U.S. Currency seized from US Bank Account 27 #153457386065, held in the name of Raymond D. Mendosa, Jr.; and, $2,345.50 of the defendant 28 approximately $4,691.00 in U.S. Currency shall be returned to Claimant Raymond D. Mendosa, Jr. FINAL JUDGMENT OF FORFEITURE 3 1 2 through his attorney Preciliano Martinez at 801 15th Street, Suite F, Modesto, CA 95354. 5. Upon entry of a Final Judgment of Forfeiture herein, but no later than 45 days 3 thereafter, the defendant approximately $52,924.11 in U.S. Currency seized from Guaranty Bank 4 Account #4440144402, held in the names of Raymond D. Mendosa, Sr. and Joyce Mendosa shall 5 be returned to Claimants Joyce Mendosa and Raymond D. Mendosa, Sr. through their attorney 6 Preciliano Martinez at 801 15th Street, Suite F, Modesto, CA 95354. 7 6. Plaintiff United States of America and its servants, agents, and employees, and all 8 other public entities, their servants, agents, and employees, are released from any and all liability 9 arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant funds. 10 This is a full and final release applying to all unknown and unanticipated injuries, and/or damages 11 arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. The 12 parties to this stipulation agree to waive the provisions of California Civil Code § 1542. 13 7. Claimants Raymond D. Mendosa, Jr., Joyce Mendosa, and Raymond D. Mendosa, 14 Sr. hereby waive any and all claim or right to interest that may have accrued on the defendant funds, 15 or any portion thereof. 16 17 18 8. There was reasonable cause for the seizure and arrest of the defendant funds and that the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 9. All parties will bear their own costs and attorneys’ fees. 19 CERTIFICATE OF REASONABLE CAUSE 20 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed September 21 4, 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 seizure of the defendant funds. 24 ORDER 25 26 27 28 This Court ENTERS the Judgment and a Certificate of Reasonable Cause on the terms set forth above. IT IS SO ORDERED. FINAL JUDGMENT OF FORFEITURE 4 1 Dated: 66h44d December 2, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT OF FORFEITURE 5