-CMK (TEMP) United States of America v. Approximately $26,395.00 in U.S. Currency et al, No. 2:2008cv00577 - Document 38 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge William B. Shubb on 4/5/11. (Kaminski, H)
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-CMK (TEMP) United States of America v. Approximately $26,395.00 in U.S. Currency et al 1 2 3 4 5 Doc. 38 BENJAMIN B. WAGNER United States Attorney BOBBIE J. MONTOYA Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814-2322 Telephone: (916) 554-2775 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 $26,395.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $10,880.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $5,000.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $9,932.73 IN U.S. ) CURRENCY SEIZED FROM ) WASHINGTON MUTUAL BANK, CD ) ACCOUNT NUMBER 09414284883, ) ) APPROXIMATELY $9,966.82 IN U.S. ) CURRENCY SEIZED FROM ) WASHINGTON MUTUAL BANK ) ACCOUNT NUMBER 093400000117054, ) ) APPROXIMATELY $26,712.81 IN U.S. ) CURRENCY SEIZED FROM ) WASHINGTON MUTUAL BANK ) ACCOUNT NUMBER 093400000117020, ) ) APPROXIMATELY $2,976.06 IN U.S. ) CURRENCY SEIZED FROM ) WASHINGTON MUTUAL BANK ) ACCOUNT NUMBER 009300008192250, ) ) Final Judgment of Forfeiture 2:08-CV-00577-WBS-CMK (TEMP) FINAL JUDGMENT OF FORFEITURE 1 Dockets.Justia.com 1 2 3 4 5 6 ) ) ) ) ) ) MISCELLANEOUS GROW ) EQUIPMENT, ) ) Defendants. ) ____________________________________) APPROXIMATELY $413.67 IN U.S. CURRENCY SEIZED FROM WELLS FARGO ACCOUNT NUMBER 056-4346773, and 7 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 8 1. This is a civil forfeiture action against the above-captioned assets (hereinafter 9 10 cumulatively referred to as “defendant properties”) seized on or about September 26, 2007. 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on March 13, 2008, 11 alleging that said defendant currency and funds are subject to forfeiture to the United States of 12 America pursuant to 21 U.S.C. § 881(a)(6), 18 U.S.C. § 981(a)(1)(A) and 18 U.S.C. § 981(a)(1)(C), 13 and the defendant miscellaneous grow equipment is subject to forfeiture to the United States 14 pursuant to 21 U.S.C. § 881(a)(9) and 21 U.S.C. § 881(a)(10). Doc. #1. 15 3. On or about March 17, 2008, the Clerk issued a Warrant for Arrest for the defendant 16 properties. Doc. #4. The warrant for the Approximately $9,966.82 in U.S. Currency seized from 17 Washington Mutual Bank Account Number 093400000117054, the Approximately $26,712.81 in 18 U.S. Currency seized from Washington Mutual Bank Account Number 093400000117020, the 19 Approximately $2,976.06 in U.S. Currency seized from Washington Mutual Bank Account Number 20 009300008192250, and the Approximately $413.67 in U.S. Currency seized from Wells Fargo 21 Account Number 056-4346773 was duly executed on March 18, 2008. Docs. #9-13. The warrant 22 for the Approximately $26,395.00 in U.S. Currency, the Approximately $10,880.00 in U.S. 23 Currency, the Approximately $5,000.00 in U.S. Currency and the Approximately $9,932.73 in U.S. 24 Currency seized from Washington Mutual Bank, CD, Account Number 09414284883, was duly 25 executed on March 19, 2008. Doc. #8. The warrant for the defendant Miscellaneous Grow 26 Equipment was duly executed on March 31, 2008 and April 28, 2008. Docs. #16-17. 27 4. On May 19, 2008, a Notice of Arrest and Seizure of the defendant properties appeared by 28 publication in The Daily Recorder, a newspaper of general circulation in the county in which certain Final Judgment of Forfeiture 2 1 of the defendant properties were seized (Sacramento County). The Proof of Publication was filed 2 with the Court on May 27, 2008. Doc. #18. On May 21, 2008, a Notice of Arrest and Seizure of the 3 defendant properties appeared by publication in The Stockton Record, a newspaper of general 4 circulation in the county in which certain of the defendant properties were seized (San Joaquin 5 County). The Proof of Publication was filed with the Court on June 4, 2008. Doc. #19. 6 7 5. In addition to the Notice of Arrest and Seizure having been completed, the United States gave or attempted to give actual notice to the following individuals and entities: 8 a. William H. Pearce 9 b. Kristin Burckard. 10 6. Claimant filed a verified claim to the defendant properties and an answer to the complaint 11 on April 17, 2008. Docs. #14, 15, respectively. No other parties have filed claims or answers in this 12 matter, and the time in which any person or entity may file a claim and answer has expired. 13 7. The Clerk of the Court entered a Clerk’s Certificate of Entry of Default against Kristin 14 Burckard on March 28, 2011. Doc. #35. Pursuant to Local Rule 540, the United States and claimant 15 jointly request that as part of the Final Judgment of Forfeiture in this case that the Court enter a 16 default judgment against the interest, if any, of Kristin Burckard without further notice. 17 Based on the above findings, and the files and records of this Court, it is hereby 18 ORDERED AND ADJUDGED: 19 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 20 21 22 23 between the parties to this action. 2. Judgment is hereby entered against William H. Pearce, and all other potential claimants who have not filed claims in this action, including default judgment against Kristin Burckard. 3. Upon entry of this Final Judgment of Forfeiture, the following defendant properties shall 24 be forfeited to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (a)(1)(C), and/or 21 25 U.S.C. §§ 881(a)(6), (a)(9), and/or (a)(10), to be disposed of according to law: 26 a. Approximately $26,395.00 in U.S. Currency, together with any interest that may have accrued on that amount; b. Approximately $10,880.00 in U.S. Currency, together with any interest that may have accrued on that amount; 27 28 Final Judgment of Forfeiture 3 1 c. Approximately $5,000.00 in U.S. Currency, together with any interest that may have accrued on that amount; d. Approximately $26,712.81 in U.S. Currency seized from Washington Mutual Bank Account Number 093400000117020, together with any interest that may have accrued on that amount; e. Approximately $2,976.06 in U.S. Currency seized from Washington Mutual Bank Account Number 009300008192250, together with any interest that may have accrued on that amount; f. Approximately $413.67 in U.S. Currency seized from Wells Fargo Account Number 056-4346773, together with any interest that may have accrued on that amount; and g. Miscellaneous grow equipment. 2 3 4 5 6 7 8 9 10 11 12 4. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, the following defendant properties shall be returned to claimant through his attorney Timothy Zindel: a. Approximately $9,932.73 in U.S. Currency seized from Washington Mutual Bank, CD, Account Number 09414284883, together with any interest that may have accrued on that amount; and b. Approximately $9,966.82 in U.S. Currency seized from Washington Mutual Bank Account Number 093400000117054, together with any interest that may have accrued on that amount. 13 14 15 16 5. Plaintiff United States of America and its servants, agents, and employees and all other 17 public entities, their servants, agents, and employees, are released from any and all liability arising 18 out of or in any way connected with the seizure, arrest, or forfeiture of the defendant properties. 19 This is a full and final release applying to all unknown and unanticipated injuries, and/or damages 20 arising out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The 21 parties to the stipulation waived the provisions of California Civil Code § 1542. 22 23 24 6. Pursuant to the stipulation of the parties, no party substantially prevailed in this action within the meaning of 28 U.S.C. § 2465. 7. Pursuant to the stipulation of the parties, and the allegations set forth in the Complaint 25 filed on or about March 13, 2008, Doc. #1, the Court finds that there was reasonable cause for the 26 seizure and arrest of the defendant properties, and for the commencement and prosecution of this 27 forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be 28 entered accordingly. Final Judgment of Forfeiture 4 1 8. Each party shall bear its own costs and attorney’s fees. 2 9. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of 3 Forfeiture. 4 SO ORDERED THIS 5th day of April, 2011. 5 6 7 8 9 10 CERTIFICATE OF REASONABLE CAUSE 11 Based upon the allegations set forth in the Complaint filed March 13, 2008, and the 12 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of 13 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for seizure, or 14 arrest of the defendant properties, and for the commencement and prosecution of this forfeiture 15 action. 16 DATED: April 5, 2011 17 18 19 20 21 22 23 24 25 26 27 28 Final Judgment of Forfeiture 5