United States of America v. Approximately $18,289.25 in U.S. Currency Seized From Wells Fargo Bank Account Number 6656258958, Held In The Name of Wong Corporation DBA W. Food and Liquor, No. 1:2009cv01788 - Document 51 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT of FORFEITURE, signed by Magistrate Judge Sheila K. Oberto on 11/28/11. CASE CLOSED. (Verduzco, M)
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United States of America v. Approximately $18,2...me of Wong Corporation DBA W. Food and Liquor 5 BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES 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 United States 1 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 UNITED STATES OF AMERICA, ) 1:09-CV-01788-SKO ) Plaintiff, ) FINAL JUDGMENT OF ) FORFEITURE v. ) ) APPROXIMATELY $18,289.25 IN ) U.S. CURRENCY SEIZED FROM ) WELLS FARGO BANK ACCOUNT ) NUMBER 6656258958, HELD IN ) THE NAME OF WONG ) CORPORATION DBA W. FOOD AND ) LIQUOR ) Defendant. ) ____________________________________ ) Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 1. This is a civil forfeiture action against defendant approximately 22 Approximately $18,289.25 in U.S. Currency seized from Wells Fargo Bank Account 23 Number 6656258958, held in the name of Wong Corporation DBA W. Food and 24 Liquor (hereafter “defendant funds”). 25 2. A Verified Complaint for Forfeiture In Rem was filed on October 9, 26 2009, alleging that said defendant funds are subject to forfeiture to the United 27 States of America pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2), 28 incorporating the procedures governing civil forfeiture actions in money laundering 1 Final Judgment of Forfeiture Dockets.Justia.com 1 cases pursuant to 18 U.S.C. § 981(a)(1)(A). 3. 2 3 On October 14, 2009, the Clerk issued a Warrant for Arrest for the defendant funds, which was duly executed on October 16, 2009. 4. 4 Beginning on October 23, 2009, for at least 30 consecutive days, the 5 United States published notice of this action on the official government forfeiture 6 site www.forfeiture.gov. A Declaration of Publication was filed on December 1, 7 2009. 8 9 10 5. forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals: a. Allan Wong 11 12 13 14 15 16 17 In addition to public notice on the official internet government 6. Claimant Allan Wong states that he is the sole owner of the defendant funds and has authority to enter into this agreement. 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. Based on the above findings, and the files and records of the Court, it is hereby 18 ORDERED AND ADJUDGED: 19 1. 20 21 22 23 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 Claimant Allan Wong and all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture herein, $9,144.62 24 together with any interest that may have accrued on the full amount of the 25 defendant $18,289.25 in U.S. Currency seized from Wells Fargo Bank Account 26 Number 6656258958, held in the name of Wong Corporation DBA W. Food and 27 Liquor, shall be forfeited to the United States pursuant to 18 U.S.C. § 984 and 31 28 U.S.C. § 5317(c)(2), incorporating the procedures governing civil forfeiture actions 2 Final Judgment of Forfeiture 1 in money laundering cases pursuant to 18 U.S.C. § 981(a)(1)(A), to be disposed of 2 according to law. 3 4. Within 45 days of entry of a Final Judgment of Forfeiture, $9,144.63 of 4 the defendant $18,289.25 in U.S. Currency seized from Wells Fargo Bank Account 5 Number 6656258958, held in the name of Wong Corporation DBA W. Food and 6 Liquor, shall be returned to Claimant Allan Wong through his attorney of record 7 Mark W. King at 2100 Tulare Street, Suite 410, Fresno, California 93721-2111. 8 5. That plaintiff United States of America and its servants, agents, and 9 employees, and all other public entities, their servants, agents, and employees, are 10 released from any and all liability arising out of or in any way connected with the 11 seizure, arrest, or forfeiture of the defendant funds. This is a full and final release 12 applying to all unknown and unanticipated injuries, and/or damages arising out of 13 said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The 14 parties waived the provisions of California Civil Code § 1542. 15 6. That pursuant to the stipulation of the parties, and the allegations set 16 forth in the Complaint filed on or about October 9, 2009, the Court finds that there 17 was reasonable cause for the seizure and arrest of the defendant funds, and for the 18 commencement and prosecution of this forfeiture action, and a Certificate of 19 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 20 7. All parties shall bear their own costs and attorneys’ fees. 21 8. The Court shall maintain jurisdiction to enforce the terms of this Final 22 23 24 Judgment of Forfeiture. CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint for Forfeiture In Rem 25 filed October 9, 2009, and the Stipulation for Final Judgment of Forfeiture filed 26 herein, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. 27 § 2465, that there was reasonable cause for the seizure or arrest of the defendant 28 funds, and for the commencement and prosecution of this forfeiture action. 3 Final Judgment of Forfeiture Accordingly, IT IS HEREBY ORDERED that final judgment of forfeiture and 1 2 certificate of reasonable cause are entered as of this date. 3 4 IT IS SO ORDERED. 5 Dated: ie14hj November 28, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Final Judgment of Forfeiture