USA v. Approximately $12,862.00 in U.S. Currency, No. 1:2009cv02093 - Document 26 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT of FORFEITURE signed by Judge Oliver W. Wanger on 03/07/2011. CASE CLOSED.(Flores, E)

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USA v. Approximately $12,862.00 in U.S. Currency 1 5 BENJAMIN B. WAGNER United States Attorney RICHARD M. ELIAS 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. 26 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, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $12,862.00 IN U.S. ) CURRENCY, ) ) Defendant. ) __________________________________ ) 1:09-CV-02093-OWW-GSA FINAL JUDGMENT OF FORFEITURE 17 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 18 1. 19 20 This is a civil forfeiture action against defendant approximately $12,862.00 in U.S. Currency (hereafter “defendant currency”). 2. A Verified Complaint for Forfeiture In Rem was filed on November 30, 2009, seeking 21 the forfeiture of the defendant currency, alleging the defendant currency is subject to forfeiture to 22 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 December 2, 2009, in accordance with the Complaint, a Warrant for Arrest of 27 Articles In Rem for the defendant currency was issued and duly executed on the defendant currency 28 on December 8, 2009. FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 4. Beginning on January 23, 2010, for at least 30 consecutive days, the United States 2 published notice of this action on the official government forfeiture site www.forfeiture.gov. A 3 Declaration of Publication was filed on February 22, 2010. 4 5. In addition to the publication of the forfeiture action, actual notice was made or 5 attempted upon Gustavo Castaneda Ramos and Rogelio Gomez Ramos. To date, only Gustavo 6 Castaneda Ramos has filed a claim and answer to this action. No other parties have filed claims or 7 answers in this matter, and the time for which any person or entity may file a claim and answer has 8 expired. 9 6. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against 10 Rogelio Gomez Ramos on January 27, 2010. Pursuant to Local Rule 540, the United States and 11 claimant Gustavo Castaneda Ramos thus join in a request that as part of this Final Judgment of 12 Forfeiture in this case the Court enter a default judgment against the interest, if any, of Rogelio 13 Gomez Ramos. 14 7. 15 Claimant Gustavo Castaneda Ramos 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 20 21 22 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 Gustavo Castaneda Ramos, Rogelio Gomez Ramos, and all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture, $6,431.00 of the defendant 23 approximately $12,862.00 in U.S. Currency, together with any interest that may have accrued on the 24 full $12,862.00 amount, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to 25 be disposed of according to law. 26 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 45 days 27 thereafter, $6,431.00 of the defendant approximately $12,862.00 in U.S. Currency shall be returned 28 to Claimant Gustavo Castaneda Ramos through his attorney Dominic J. Falasco at 816 4th Street, FINAL JUDGMENT OF FORFEITURE 2 1 2 Los Banos, CA 93635. 5. Plaintiff United States of America and its servants, agents, and employees, and all 3 other public entities, their servants, agents, and employees, are hereby released from any and all 4 liability arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant 5 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 6 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 7 The parties to this stipulation agree to waive the provisions of California Civil Code § 1542. 8 9 10 11 6. Claimant Gustavo Castaneda Ramos hereby waives any and all claim or right to interest that may have accrued on the defendant currency, or any portion thereof. 7. There was reasonable cause for the seizure and arrest of the defendant currency and that the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 12 8. All parties will bear their own costs and attorneys’ fees. 13 SO ORDERED THIS 7th day of March, 2011. 14 /s/ OLIVER W. WANGER United States District Judge 15 16 CERTIFICATE OF REASONABLE CAUSE 17 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed November 18 30, 2009, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 19 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 20 seizure of the defendant currency. 21 22 Dated: March 7, 2011 23 /s/ OLIVER W. WANGER United States District Judge 24 25 26 27 28 FINAL JUDGMENT OF FORFEITURE 3

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