United States of America v. Approximately $15,300.00 in U.S. Currency, No. 1:2015cv00855 - Document 7 (E.D. Cal. 2015)

Court Description: FINAL JUDGMENT OF FORFEITURE, signed by District Judge Lawrence J. O'Neill on 8/12/2015. CASE CLOSED.(Fahrney, E)

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5 BENJAMIN B. WAGNER United States Attorney JEFFREY A. SPIVAK Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 (559) 497-4000 Telephone (559) 497-4099 Facsimile 6 Attorneys for the United States 1 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 14 v. APPROXIMATELY $15,300.00 IN U.S. CURRENCY, 15 Defendant. 16 ) 1:15-CV-00855-LJO-GSA ) ) FINAL JUDGMENT OF ) FORFEITURE ) ) ) ) ) ) ) 17 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 18 1. This is a civil forfeiture action brought against Approximately $15,300.00 in 19 U.S. Currency (hereafter “Defendant Currency”), which was seized on or about September 20 25, 2014. 21 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on June 5, 22 2015, alleging that said Defendant Currency is subject to forfeiture to the United States of 23 America pursuant to 21 U.S.C. § 881(a)(6). 24 25 26 3. On June 9, 2015, the Clerk issued a Warrant for Arrest for the Defendant Currency, and that warrant was duly executed on June 11, 2015. 4. Beginning on June 11, 2015, for at least 30 consecutive days, the United States 27 published Notice of the Forfeiture Action on the official internet government forfeiture site 28 www.forfeiture.gov. A Declaration of Publication was filed on July 16, 2015. 29 30 1 FINAL JUDGMENT OF FORFEITURE 1 2 5. In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to: 3 a. Elias Gonzalez, Jr. 4 b. Daniel A. Bacon, attorney 5 6. Potential Claimant Elias Gonzalez, Jr. has not filed a claim or answer in this 6 action. To date, no other parties have filed claims or answers in this matter, and the time 7 in which any person or entity may file a claim and answer has expired. 8 9 10 11 12 13 14 Based on the above findings, and the files and 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. 2. That judgment is hereby entered against Potential Claimant Elias Gonzalez, Jr. and all other potential claimants who have not filed claims in this action. 3. Upon entry of this Final Judgment of Forfeiture, $12,300.00 of the Defendant 15 Approximately $15,300.00 in U.S. Currency, together with any interest that has accrued on 16 the entire $15,300, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), 17 to be disposed of according to law. 18 4. Upon entry of this Final Judgment of Forfeiture, but no later than 45 days 19 thereafter, $3,000.00 of the Defendant Approximately $15,300.00 in U.S. Currency shall be 20 returned to Potential Claimant Elias Gonzalez, Jr. through his attorney Daniel A. Bacon, 21 5200 N. Palm Avenue, Suite 408, Fresno, California 93704-2225, telephone (559) 241-7000. 22 5. The United States of America and its servants, agents, and employees and all 23 other public entities, their servants, agents, and employees, from any and all liability 24 arising out of or in any way connected with the seizure, arrest, or forfeiture of the 25 Defendant Currency. This is a full and final release applying to all unknown and 26 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as 27 well as to those now known or disclosed. Potential Claimant agrees to waive the provisions 28 of California Civil Code § 1542. 29 30 2 FINAL JUDGMENT OF FORFEITURE 1 2 6. Potential Claimant Elias Gonzalez, Jr. waived any and all claim or right to interest that may have accrued on the Defendant Currency. 3 7. All parties are to bear their own costs and attorney’s fees. 4 8. The U.S. District Court for the Eastern District of California shall retain 5 jurisdiction to enforce the terms of this Final Judgment of Forfeiture. CERTIFICATE OF REASONABLE CAUSE 6 7 9. Based upon the allegations set forth in the Complaint filed June 5, 2015, and 8 the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 9 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable 10 cause for the seizure and arrest of the Defendant Currency, and for the commencement and 11 prosecution of this forfeiture action. 12 13 14 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill August 12, 2015 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 FINAL JUDGMENT OF FORFEITURE

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