-CMK (TEMP) United States of America v. Approximately $129,707.00 in U.S. Currency et al, No. 2:2007cv00692 - Document 38 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Frank C. Damrell, Jr on 5/4/11. (Mena-Sanchez, L)
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-CMK (TEMP) United States of America v. Approximately $129,707.00 in U.S. Currency et al Doc. 38 1 BENJAMIN B. WAGNER United States Attorney 2 KELLI L. TAYLOR Assistant U.S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2799 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. 14 APPROXIMATELY $129,707.00 IN U.S. 15 CURRENCY, APPROXIMATELY $100,700.54 IN 16 MONEY ORDERS, 17 APPROXIMATELY $108,460.00 IN U.S. 18 CURRENCY, AND APPROXIMATELY $251,911.00 IN U.S. 19 CURRENCY, 20 Defendants. 21 2:07-CV-00692-FCD-CMK FINAL JUDGMENT OF FORFEITURE 22 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 23 1. This is a civil forfeiture action against the above-captioned assets (hereafter 24 “defendant funds”) seized on or about October 17, 2006. 25 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 26 11, 2007, alleging that said defendant funds are subject to forfeiture to the United 27 States pursuant to 18 U.S.C. § 981(a)(1)(C). 28 3. On or about April 11, 2007, the Clerk issued a Warrant for Arrest for the 1 Final Judgment of Forfeiture Dockets.Justia.com 1 defendant funds, and that warrant was duly executed on April 20, 2007. 2 4. On May 23, 2007, a Notice of Arrest and Seizure of the defendant funds 3 appeared by publication in the Metropolitan News-Enterprise, a newspaper of general 4 circulation in the county in which the defendant funds were seized (Los Angeles 5 County). The Proof of Publication was filed with the Court on June 11, 2007. 6 5. In addition to the Public Notice of Arrest and Seizure, actual notice or 7 attempted notice was given to the following individuals: 8 a. Abdurrahman M. Yousuf 9 b. Khatiza Madha 10 6. Claimants Abdurrahman Yousuf and Khatiza Madha Yousuf filed a Claim to 11 the defendant funds on May 30, 2007, and Answers to the complaint on June 19, 2007. 12 No other parties have filed claims or answers in this matter, and the time in which any 13 person or entity may file a claim and answer has expired. 14 Based on the above findings, and the files and records of the Court, it is hereby 15 ORDERED AND ADJUDGED: 16 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered 17 into by and between the parties to this action. 18 2. That judgment is hereby entered against claimants Abdurrahman Yousuf 19 and Khatiza Madha Yousuf and all other potential claimants who have not filed claims 20 in this action. 21 3. All right, title, and interest of Abdurrahman Yousuf and Khatiza Madha 22 Yousuf in the following defendant funds, together with any interest that may have 23 accrued, shall be forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(C), to 24 be disposed of according to law: 25 26 27 28 a. b. c. d. Approximately $129,707.00 in U.S. Currency, Approximately $100,700.54 in Money Orders, Approximately $108,460.00 in U.S. Currency, and Approximately $251,911.00 in U.S. Currency. 4. That the United States and its servants, agents, and employees and all other 2 Final Judgment of Forfeiture 1 public entities, their servants, agents, and employees, are released from any and all 2 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of 3 the defendant funds. This is a full and final release applying to all unknown and 4 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, 5 as well as to those now known or disclosed. The parties waived the provisions of 6 California Civil Code § 1542. 7 5. Claimants Abdurrahman Yousuf and Khatiza Madha Yousuf waived any and 8 all claim or right to interest that may have accrued on the defendant funds being 9 forfeited to the United States. 10 6. All parties are to bear their own costs and attorneys' fees. 11 7. The U.S. District Court for the Eastern District of California, Hon. Frank C. 12 Damrell, Jr., District Judge, shall retain jurisdiction to enforce the terms of this Final 13 Judgment of Forfeiture. 14 SO ORDERED THIS 4TH day of May, 2011. 15 16 _________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3 Final Judgment of Forfeiture