United States of America v. Approximately $28,121.22 in U.S. Currency, No. 2:2006cv02777 - Document 41 (E.D. Cal. 2009)

Court Description: ORDER re 40 Stipulation of Final Judgment of Forfeiture, signed by Judge Frank C. Damrell, Jr., on 11/13/09. (Kastilahn, A)

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United States of America v. Approximately $28,121.22 in U.S. Currency 1 2 3 4 5 Doc. 41 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorneys for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $28,121.22 IN U.S. ) CURRENCY SEIZED FROM BANK OF ) AMERICA ACCOUNT NO. 03035-08079, ) HELD IN THE NAME OF SMART BUY INC.,) ) APPROXIMATELY $1,749.09 IN U.S. ) CURRENCY SEIZED FROM WASHINGTON ) MUTUAL ACCOUNT NO. 192-009936-3, ) HELD IN THE NAMES OF TINA MONJAZEB ) AND ALI TAVAF, ) ) APPROXIMATELY $277.84 IN U.S. ) CURRENCY SEIZED FROM UNION BANK OF ) CALIFORNIA ACCOUNT NO. 0361162472, ) HELD IN THE NAME OF LANGROUDI ) FAMILY LIVING TRUST, ) ) APPROXIMATELY $128,000.00 IN U.S. ) CURRENCY SEIZED FROM UNION BANK OF ) CALIFORNIA ACCOUNT NO. 797540, HELD) IN THE NAME OF LANGROUDI FAMILY ) LIVING TRUST, ) ) APPROXIMATELY $38,225.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $4,033.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $1,775.51 IN MONEY ) 1 2:06-CV-02777-FCD-KJM FINAL JUDGMENT OF FORFEITURE Final Judgment of Forfeiture Dockets.Justia.com 1 ORDERS, 2 APPROXIMATELY $12,520.00 IN U.S. CURRENCY, 3 4 APPROXIMATELY $1,361.00 IN U.S. CURRENCY, AND 5 MISCELLANEOUS OTHER TOBACCO PRODUCTS, 6 Defendants. 7 8 9 10 ) ) ) ) ) ) ) ) ) ) ) ) ) Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against the above- 11 captioned assets seized on October 17, 2006, by the Bureau of 12 Alcohol, Tobacco, Firearms, and Explosives (“ATF”). 13 2. A Complaint for Forfeiture In Rem (hereafter 14 "Complaint") was filed on or about December 8, 2006, seeking the 15 forfeiture of the defendant assets, alleging that said assets are 16 subject to forfeiture to the United States pursuant to 18 U.S.C. 17 §§ 981(a)(1)(A) and 981(a)(1)(C). 18 3. On or about December 8, 2006, the Clerk issued a 19 Warrant for Arrest of Articles In Rem for the defendant assets, 20 and that warrant was duly executed on December 22 and 26, 2006, 21 and January 2, 2007. 22 4. On January 2, 2007, the ATF personally served copies of 23 the complaint, application and order for publication, warrant for 24 arrest, order setting status conference, notice of related cases, 25 court notices, and notice of forfeiture action on Ali Tavaf aka 26 Ali Langroudi (hereafter “Tavaf”) and Tina Monjazeb. 27 28 5. On or about February 1, 8, and 15, 2007, a Public Notice of Arrest and Seizure of the defendant assets appeared by 2 Final Judgment of Forfeiture 1 publication in the Metropolitan News-Enterprise, a newspaper of 2 general circulation in the county in which the defendant assets 3 were seized (Los Angeles). 4 with the Court on March 1, 2007. 5 6. The Proof of Publication was filed Tavaf filed a Statement of Interest on February 3, 2007, 6 alleging that he has an ownership interest in the defendant 7 Approximately $128,000.00 in U.S. currency seized from Union Bank 8 of California Account No. 797540, held in the name of Langroudi 9 Family Living Trust. 10 7. Apart from claimant Tavaf, no other parties have filed 11 claims or answers in this matter and the time for which any 12 person or entity may file a claim and answer has expired. 13 8. The Clerk of the Court entered a Clerk's Certificate of 14 Entry of Default against Tina Monjazeb on March 16, 2007. 15 Pursuant to Local Rule A-540, the United States and claimant 16 Tavaf thus join in a request that as part of the Final Judgment 17 of Forfeiture in this case the Court enter a default judgment 18 against the interest, if any, of Tina Monjazeb without further 19 notice. 20 21 Based on the above findings, and the files and records of the Court, it is hereby 22 ORDERED AND ADJUDGED: 23 1. The Court adopts the Stipulation for Final Judgment of 24 Forfeiture entered into by and between the parties to this 25 action. 26 2. That judgment is hereby entered against claimant Tavaf 27 and all other potential claimants who have not filed claims in 28 this action. 3 Final Judgment of Forfeiture 1 3. That all right, title and interest in the following 2 defendant assets shall be forfeited to the United States pursuant 3 to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C), to be disposed of 4 according to law: 5 a. Approximately $28,121.22 in U.S. currency seized from Bank of America Account No. 03035-08079, held in the Name of Smart Buy Inc., 6 7 b. Approximately $1,749.09 in U.S. currency seized from Washington Mutual Account No. 192-009936-3, held in the names of Tina Monjazeb and Ali Tavaf, 8 9 c. Approximately $277.84 in U.S. currency seized from Union Bank of California Account No. 0361162472, held in the name of Langroudi Family Living Trust, 10 11 12 14 d. Approximately $128,000.00 in U.S. currency seized from Union Bank of California Account No. 797540, held in the name of Langroudi Family Living Trust, 15 e. Approximately $38,225.00 in U.S. currency, 16 f. Approximately $4,033.00 in U.S. currency, 17 g. Approximately $1,775.51 in Money Orders, 18 h. Approximately $12,520.00 in U.S. currency, 19 i. Approximately $1,361.00 in U.S. currency, and 20 j. Miscellaneous Other Tobacco Products. 13 21 4. That plaintiff United States of America and its 22 servants, agents, and employees and all other public entities, 23 their servants, agents, and employees, are released from any and 24 all liability arising out of or in any way connected with the 25 arrest, seizure, or forfeiture of the defendant assets. 26 a full and final release applying to all unknown and 27 unanticipated injuries, and/or damages arising out of said 28 arrest, seizure, or forfeiture, as well as to those now known or 4 This is Final Judgment of Forfeiture 1 disclosed. The parties waive the provisions of California Civil 2 Code § 1542. 3 5. Claimant Tavaf waives any and all claim or right 4 to interest that may have accrued on the defendant assets being 5 forfeited to the United States. 6 6. That pursuant to the stipulation of the parties, and the 7 allegations set forth in the Complaint filed on or about December 8 8, 2006, the Court finds that there was reasonable cause for the 9 seizure and arrest of the defendant assets, and a Certificate of 10 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 11 accordingly. 12 7. 13 That all parties are to bear their own costs and attorney fees, if any. 14 8. The parties understand that the California State Board 15 of Equalization may submit a petition for remission to the 16 Attorney General of the United States, pursuant to the 17 regulations found at 28 C.F.R. § 9. 18 addition to the petition for remission, the United States 19 Attorney’s Office may submit a restoration request to the 20 Attorney General of the United States, pursuant to 18 U.S.C. § 21 981((e)(6), requesting that all or some of the assets being 22 forfeited be applied to a restitution order, if any, entered 23 against claimant Tavaf in a related federal criminal prosecution. 24 Claimant Tavaf understands that the decision to grant the 25 remission or restoration request lies solely within the Attorney 26 General’s discretion, and that if the Attorney General denies the 27 /// 28 /// 5 In the alternative, or in Final Judgment of Forfeiture 1 remission or restoration request, that decision shall have no 2 effect on the Stipulation filed herein. 3 SO ORDERED THIS 13th day of November, 2009. 4 5 6 7 _____________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 8 9 10 CERTIFICATE OF REASONABLE CAUSE 11 Pursuant to the Stipulation for Final Judgment of Forfeiture 12 filed herein and the allegations set forth in the Complaint filed 13 December 8, 2006, the Court enters this Certificate of Reasonable 14 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable 15 cause for the seizure and arrest of the defendant assets. 16 17 18 19 ____________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 6 Final Judgment of Forfeiture

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