United States of America v. Approximately $40,600.00 in U.S. Currency, No. 1:2015cv00237 - Document 30 (E.D. Cal. 2017)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Magistrate Judge Sheila K. Oberto on 5/11/2017. CASE CLOSED. (Jessen, A)
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United States of America v. Approximately $40,600.00 in U.S. Currency Doc. 30 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, 10 11 12 13 Plaintiff, v. APPROXIMATELY $40,600.00 IN U.S. CURRENCY, Defendant. 14 ) 1:15-cv-00237---SKO ) ) FINAL JUDGMENT OF FORFEITURE ) ) ) ) ) ) ) ) 15 Pursuant to the Stipulation for Final Judgment of Forfeiture, (Doc. 29, Ex. 1), the Court finds: 16 1. 17 18 This is a civil forfeiture action against Defendant Approximately $40,600.00 in U.S. Currency (“Defendant Currency”) seized on or about September 11, 2014. 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on February 12, 2015, 19 alleging that said Defendant Currency is subject to forfeiture to the United States of America pursuant to 20 21 U.S.C. § 881(a)(6). 21 22 23 3. On March 25, 2015, the Clerk issued a Warrant for Arrest for Defendant Currency. The warrant for Defendant Currency was duly executed on April 2, 2015. 4. Beginning on February 15, 2015, for at least 30 consecutive days, the United States 24 published notice of this action on the official government forfeiture site www.forfeiture.gov. 25 Declaration of Publication was filed on April 8, 2015. 26 27 28 5. A In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals: a. Josue Grajeda 1 Dockets.Justia.com b. Ariel Benjamin, attorney 1 2 6. On June 5, 2015, Claimant Josue Grajeda filed his verified claim to Defendant Currency. 3 Claimant filed his answer to the Complaint on March 3, 2017. To date, no other parties have filed claims 4 or answers in this matter, and the time in which any person or entity may file a claim and answer has 5 expired. 6 7 8 9 Based on the above findings and the records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. (Doc. 29, Ex. 1.) 10 2. That judgment is hereby entered against Josue Grajeda, and all other potential claimants. 11 3. Upon entry of this Final Judgment of Forfeiture, $34,510.00 of Defendant Currency, 12 together with any interest that has accrued on the entirety of the seized Defendant Currency, shall be 13 forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 14 4. Upon entry of this Final Judgment of Forfeiture, but no later than 45 days thereafter, 15 $6,090.00 of the Defendant Currency shall be returned to Claimant through his attorney Harvey A. 16 Steinberg, 1600 Broadway, Suite 1200, Denver, Colorado 80202, telephone (303) 861-2800. 17 5. The United States of America and its servants, agents, and employees and all other public 18 entities, their servants, agents, and employees, are released from any and all liability arising out of or in 19 any way connected with the seizure, arrest, or forfeiture of the Defendant Currency. This is a full and 20 final release applying to all unknown and unanticipated injuries, and/or damages arising out of said 21 seizure, arrest, or forfeiture, as well as to those now known or disclosed. Claimant agrees to waive the 22 provisions of California Civil Code § 1542. 23 6. Pursuant to the stipulation of the parties, and the allegations set forth in the Complaint filed 24 on February 12, 2015, the Court finds that there was probable cause for the arrest and seizure of 25 Defendant Currency, and for the commencement and prosecution of this forfeiture action, and a 26 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 27 7. Each party shall bear his or its own costs and attorney’s fees. 28 8. The U.S. District Court for the Eastern District of California shall retain jurisdiction to 2 1 enforce the terms of the Stipulation for Final Judgment of Forfeiture, (Doc. 29, Ex. 1), and this Final 2 Judgment of Forfeiture for no longer than 60 days following entry of this Final Judgment of Forfeiture. 3 ORDER 4 5 6 IT IS SO ORDERED. Dated: May 11, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 7 8 9 CERTIFICATE OF REASONABLE CAUSE 10 11 Based upon the allegations set forth in the Complaint filed February 12, 2015, (Doc. 1), and the 12 Stipulation for Final Judgment of Forfeiture filed on May 1, 2017, (Doc. 29, Ex. 1), the Court enters this 13 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the 14 seizure or arrest of Defendant Currency, and for the commencement and prosecution of this forfeiture 15 action. 16 ORDER 17 18 19 20 IT IS SO ORDERED. Dated: May 11, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 3