United States of America v. Approximately $4,950.00 in U.S. Currency, No. 2:2008cv00395 - Document 32 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE ORDER signed by Senior Judge Lawrence K. Karlton on 10/1/10. The Court enters this Certificate of Reasonable Cause Pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure or arrest of the defendant currency, and for the commencement and prosecution of this forfeiture action.(Mena-Sanchez, L)
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United States of America v. Approximately $4,950.00 in U.S. Currency 1 2 3 4 5 Doc. 32 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. 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 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $4,950.00 IN ) U.S. CURRENCY, ) ) Defendant. ) ______________________________) 2:08-cv-00395-LKK-GGH FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against approximately $4,950.00 in U.S. Currency (hereafter “defendant currency”). 2. A Verified Complaint for Forfeiture In Rem ("complaint") 22 was filed on February 22, 2008, alleging that said currency is 23 subject to forfeiture to the United States of America pursuant to 24 21 U.S.C. § 881(a)(6). 25 3. On February 25, 2008, the Clerk issued a Warrant for 26 Arrest for the defendant currency, and that warrant was duly 27 executed on February 27, 2008. 28 4. On March 8, 2008, a Public Notice of Arrest and Seizure 1 Final Judgment of Forfeiture Dockets.Justia.com 1 of the defendant currency appeared by publication in The Union, a 2 newspaper of general circulation in the county in which the 3 defendant currency was seized (Nevada County). 4 Publication was filed with the Court on April 7, 2008. 5 6 5. The Affidavit of In addition to the Public Notice of Arrest having been completed, actual notice was given to the following individuals: 7 a. Jill Ann Lombardo 8 b. Michael Edward Lombardo, Jr. 9 6. On March 20, 2008, claimant Michael Lombardo filed a 10 Verified Claim to $1,150.00 of the defendant currency. 11 March 25, 2008, claimant Jill Ann Lombardo filed a Verified Claim 12 to $3,800.00 of the defendant currency. 13 7. On or about No other parties have filed claims or answers in this 14 matter and the time for which any person or entity may file a claim 15 and answer has expired. 16 17 18 19 20 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 claimants J’lanna 21 Morgan (formerly known as Jill Ann Lombardo) and Michael Lombardo 22 (“claimants”) and all other potential claimants who have not filed 23 claims in this action. 24 3. Upon entry of this Final Judgment of Forfeiture, $1,150.00 25 of the approximately $4,950.00 in U.S. Currency, together with any 26 interest that may have accrued on that amount, shall be forfeited 27 to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 28 disposed of according to law. 2 Final Judgment of Forfeiture 1 4. Upon entry of this Final Judgment of Forfeiture herein, 2 but no later than 60 days thereafter, $3,800.00 of the 3 approximately $4,950.00 in U.S. Currency, together with any 4 interest that may have accrued on that amount, shall be returned to 5 claimant J’lanna Morgan. 6 5. That plaintiff United States of America and its servants, 7 agents, and employees and all other public entities, their 8 servants, agents, and employees, are released from any and all 9 liability arising out of or in any way connected with the seizure, 10 arrest, or forfeiture of the defendant currency. 11 and final release applying to all unknown and unanticipated 12 injuries, and/or damages arising out of said seizure, arrest, or 13 forfeiture, as well as to those now known or disclosed. 14 parties waived the provisions of California Civil Code § 1542. 15 6. This is a full The Claimant Michael Lombardo waived any and all claim or 16 right to interest that may have accrued on the defendant currency 17 being forfeited to the United States. 18 7. That pursuant to the stipulation of the parties, and the 19 allegations set forth in the Complaint filed on or about February 20 22, 2008, the Court finds that there was reasonable cause for the 21 seizure and arrest of the defendant currency, and a Certificate of 22 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 23 accordingly. 24 8. All parties are to bear their own costs and 25 attorneys' fees. 26 // 27 // 28 // 3 Final Judgment of Forfeiture 1 2 3 9. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. SO ORDERED THIS 1st day of October, 2010. 4 5 6 7 8 9 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 10 February 22, 2008, and the Stipulation for Final Judgment of 11 Forfeiture filed herein, the Court enters this Certificate of 12 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 13 reasonable cause for the seizure or arrest of the defendant 14 currency, and for the commencement and prosecution of this 15 forfeiture action. 16 DATED: October 1, 2010. 17 18 19 20 21 22 23 24 25 26 27 28 4 Final Judgment of Forfeiture