USA v. Approximately $8,700.00 in U.S. Currency, No. 1:2010cv00957 - Document 18 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Chief Judge Anthony W. Ishii on 11/2/2010. CASE CLOSED. (Sant Agata, S)
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USA v. Approximately $8,700.00 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. 18 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, ) 1:10-CV-00957-AWI-GSA ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) APPROXIMATELY $8,700.00 IN U.S. ) CURRENCY, ) ) Defendant. ) _____________________________________) 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 $8,700.00 in U.S. Currency (hereafter “defendant currency”). 2. A Verified Complaint for Forfeiture In Rem was filed on May 27, 2010, seeking the 21 forfeiture of the defendant currency, alleging the defendant currency is subject to forfeiture to the 22 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 June 17, 2010, in accordance with the Complaint, a Warrant for Arrest of Articles 27 In Rem for the defendant currency was issued and duly executed on the defendant currency on June 28 23, 2010. FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 2 3 4. Beginning on June 22, 2010, for at least 30 consecutive days, the United States published notice of this action on the official government forfeiture site www.forfeiture.gov. 5. In addition to the publication of the forfeiture action, actual notice was made or 4 attempted upon Juan Valencia aka Juan Luis Trujillo and Guadalupe Valencia Trujillo. To date, only 5 Juan Valencia has filed a claim and answer to this action. No other parties have filed claims or 6 answers in this matter, and the time for which any person or entity may file a claim and answer has 7 expired. 8 6. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against 9 Guadalupe Valencia Trujillo on September 22, 2010. Pursuant to Local Rule 540, the United States 10 and claimant Juan Trujillo thus join in a request that as part of this Final Judgment of Forfeiture in 11 this case the Court enter a default judgment against the interest, if any, of Guadalupe Valencia 12 Trujillo. 13 14 7. Claimant Juan Valencia represents and warrants that he is the sole owner of the defendant currency. 15 Based on the above findings, and the files and records of the Court, it is hereby 16 ORDERED AND ADJUDGED: 17 1. 18 19 20 21 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 Juan Valencia aka Juan Luis Trujillo, Guadalupe Valencia Trujillo, and all other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture, $4,350.00 of the defendant 22 approximately $8,700.00 in U.S. Currency, together with any interest that may have accrued on the 23 full $8,700.00 amount, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to 24 be disposed of according to law. 25 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 45 days 26 thereafter, $4,350.00 of the defendant approximately $8,700.00 in U.S. Currency shall be returned 27 to Claimant Juan Valencia through his attorney Victor M. Perez at 1304 W. Center Street, Visalia, 28 California 93277. FINAL JUDGMENT OF FORFEITURE 2 1 5. Plaintiff United States of America and its servants, agents, and employees, and all 2 other public entities, their servants, agents, and employees, are released from any and all liability 3 arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant 4 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 5 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 6 The parties to this stipulation agree to waive the provisions of California Civil Code § 1542. 7 8 9 10 11 6. Claimant Juan Valencia 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. 8. All parties will bear their own costs and attorneys’ fees. 12 13 CERTIFICATE OF REASONABLE CAUSE 14 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed May 27, 15 2010, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 16 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 17 seizure of the defendant currency. 18 19 IT IS SO ORDERED. 20 21 Dated: 0m8i78 November 2, 2010 CHIEF UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 FINAL JUDGMENT OF FORFEITURE 3