United States of America v. Approximately $8,772.00 in U.S. Currency, No. 1:2009cv01711 - Document 20 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT of FORFEITURE, signed by Chief Judge Anthony W. Ishii on 5/17/2010. (Sondheim, M)

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United States of America v. Approximately $8,772.00 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. 20 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, ) 1:09-CV-01711-AWI-GSA ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $8,772.00 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 $8,772.00 in U.S. Currency (hereafter “defendant currency”). 20 2. A Verified Complaint for Forfeiture In Rem was filed on September 28, 2009, seeking 21 the forfeiture of the defendant currency, alleging said currency is subject to forfeiture to the United 22 States of America pursuant to 21 U.S.C. § 881(a)(6) because the defendant currency constitutes 23 moneys or other things of value furnished or intended to be furnished in exchange for a controlled 24 substance or listed chemical, all proceeds traceable to such an exchange and/or was used or intended 25 to be used to facilitate one or more violations of 21 U.S.C. § 841 et seq. 26 3. On October 6, 2009, in accordance with said Complaint, a Warrant for Arrest of 27 Articles In Rem for the defendant currency was issued and duly executed on October 13, 2009. 28 /// 1 FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 4. Public notice of the forfeiture action was published on the official internet 2 government forfeiture site www.forfeiture.gov for at least 30 consecutive days beginning October 3 8, 2009, as required by Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and 4 Asset Forfeiture Actions. The Declaration of Publication was filed with the Court on November 12, 5 2009. 6 5. In addition to the publication of the forfeiture action, actual notice was personally 7 served upon Potential Claimant Robert Tupac and Tierney Tupac. To date, no other parties have 8 filed claims or answers in this matter, and the time for which any other person or entity may file a 9 claim and answer has expired. 10 6. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against 11 Tierney Tupac on March 29, 2010. Pursuant to Local Rule 540, the United States and Potential 12 Claimant Robert Tupac thus join in a request that as part of this Final Judgment of Forfeiture in this 13 case the Court enter a default judgment against the interests if any, of Tierney Tupac. 14 15 7. Potential Claimant Robert Tupac represents and warrants that he is the sole owner of the defendant currency. 16 Based on the above findings, and the files and records of the Court, it is hereby 17 ORDERED AND ADJUDGED: 18 1. 19 between the parties to this action. 20 21 The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 2. Judgment is hereby entered against Robert Tupac, Tierney Tupac, and all other potential claimants who have not filed claims in this action. 22 3. Upon entry of a Final Judgment of Forfeiture, $4,386.00 of the defendant 23 approximately $8,772.00 in U.S. Currency, together with any interest that may have accrued on the 24 full amount of the defendant approximately $8,772.00, shall be forfeited to the United States 25 pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 26 /// 27 /// 28 /// 2 FINAL JUDGMENT OF FORFEITURE 1 4. Within 45 days of entry of a Final Judgment of Forfeiture, $4,386.00 of the defendant 2 approximately $8,772.00 in U.S. Currency shall be returned to Potential Claimant Robert Tupac 3 through his attorney Matthew D. Umhofer at 300 South Grand Avenue, Suite 3400, Los Angeles, 4 CA 90071. 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 13 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. 7. All parties shall bear their own costs and attorneys’ fees. 14 15 CERTIFICATE OF REASONABLE CAUSE 16 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed September 17 28, 2009, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 18 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 19 the seizure and arrest of the defendant currency. 20 21 IT IS SO ORDERED. 22 Dated: 0m8i78 May 17, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 3 FINAL JUDGMENT OF FORFEITURE

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