United States of America v. Approximately $111,300.00 in U.S. Currency, No. 1:2009cv01830 - Document 25 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Oliver W. Wanger on 11/5/2010. CASE CLOSED. (Jessen, A)
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United States of America v. Approximately $111,300.00 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. 25 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-01830-OWW-SMS ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $111,300.00 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 $111,300.00 in U.S. Currency (hereafter “defendant currency”). 20 2. An Amended Verified Complaint for Forfeiture In Rem was filed on October 21, 21 2009, seeking the forfeiture of the defendant currency, alleging said currency is subject to forfeiture 22 to the United States of America pursuant to 21 U.S.C. § 881(a)(6) because the defendant currency 23 constitutes moneys or other things of value furnished or intended to be furnished in exchange for a 24 controlled substance or listed chemical, all proceeds traceable to such an exchange and/or was used 25 or intended to be used to facilitate one or more violations of 21 U.S.C. § 841 et seq. 26 3. On October 22, 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 November 4, 2009. 28 /// 1 FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 4. Notice of the civil forfeiture was posted on the official government internet site 2 www.forfeiture.gov for at least 30 consecutive days, beginning on November 11, 2009, pursuant to 3 the Order of Publication filed November 10, 2009. 4 5. In addition to the publication of the forfeiture action, actual notice was personally 5 served upon Claimants. On November 25, 2009, Claimants filed an Answer in this action. To date, 6 no other parties have filed claims or answers in this matter, and the time for which any other person 7 or entity may file a claim and answer has expired. 8 9 10 6. Claimants Florentino Gutierrez, Angela De Gutierrez, American Superior Used Clothing, and ADCO Recyclers Inc. represent and warrant that they are the sole owners of the defendant currency. 11 Based on the above findings, and the files and records of the Court, it is hereby 12 ORDERED AND ADJUDGED: 13 1. 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 Florentino Gutierrez, Angela De Gutierrez, 16 American Superior Used Clothing, and ADCO Recyclers, Inc., and all other potential claimants who 17 have not filed claims in this action. 18 3. Upon entry of a Final Judgment of Forfeiture, $103,800.00 of the defendant 19 approximately $111,300.00 in U.S. Currency, together with any interest that may have accrued on 20 the full amount, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 21 disposed of according to law. 22 4. Within 45 days of entry of a Final Judgment of Forfeiture, $7,500.00 of the defendant 23 approximately $111,300.00 in U.S. Currency shall be returned to Claimants through their attorney 24 William C. Fleming at 255 South Marengo Avenue, Pasadena, California 91101-2719. 25 5. Plaintiff United States of America and its servants, agents, and employees, and all 26 other public entities, their servants, agents, and employees, are released from any and all liability 27 arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant 28 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 2 FINAL JUDGMENT OF FORFEITURE 1 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 2 The parties waive the provisions of California Civil Code § 1542. 3 4 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. 5 7. All parties shall bear their own costs and attorneys’ fees. 6 SO ORDERED THIS 5th day of November, 2010. 7 8 /s/ OLIVER W. WANGER United States District Judge 9 10 CERTIFICATE OF REASONABLE CAUSE 11 Based upon the allegations set forth in the Amended Complaint for Forfeiture In Rem filed 12 October 21, 2009, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters 13 this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause 14 for the seizure and arrest of the defendant currency. 15 16 Dated: November 5, 2010 17 /s/ OLIVER W. WANGER United States District Judge 18 19 20 21 22 23 24 25 26 27 28 3 FINAL JUDGMENT OF FORFEITURE