USA v. Approximately $23,770.87 in US Currency seized from Bank of America Account No. 0050 1112 8989, et al, No. 2:2008cv02752 - Document 71 (E.D. Cal. 2013)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 12/19/2013 ADOPTING 70 Stipulation for Final Judgment of Forfeiture; ENTERING JUDGMENT against Claimants G&R Empire, LLC, Phoenix Cash & Carry, LLC, Raed Roy Mouri and Loudy Egho, Georg e Bittar, as trustee of the Bittar Family Trust, dated December 23, 2003, George Bittar, and Ideal Tobacco Wholesale, Inc., and all other potential claimants who have not filed claims in this action; FORFEITING to the United States of America, to be disposed of according to law, all right, title and interest in the defendant property, including any interest that may have accrued, of Claimants G&R Empire, LLC, Phoenix Cash & Carry, LLC, Raed Roy Mouri and Loudy Egho, George Bittar, as trustee of the Bittar Family Trust, dated December 23, 2003, George Bittar, and Ideal Tobacco Wholesale, Inc.; ORDERING that approximately $5,400.00 of the $7,054.55 in U.S. Currency seized from Wells Fargo Bank Account No. 671-0134131, held in the na me of Bittar Family Trust and approximately $62,018.04 of the $227,829.89 in net proceeds from the sale of approximately 87,595 units of assorted smokeable OTP evidence recovered from Phoenix Cash & Carry be returned to Claimants through th eir attorney Jeffrey B. Setness within sixty (60) days; RELEASING the United States and its servants, agents, and employees from any and all liability arising out of or in any way connected with the seizure, arrest, sale, or forfeiture of the defenda nt properties; FINDING that there was reasonable cause for the arrest of the defendant property and for the commencement and prosecution of this forfeiture action; ENTERING a Certificate of Reasonable Cause; ORDERING that all parties bear their own c osts and attorney's fees; ORDERING that the United States District Court for the Eastern District of California, Hon. Judge John A. Mendez, District Judge, retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. (Michel, G)

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USA v. Approximately $23,770.87 in US Currency seized from Bank of... No. 0050 1112 8989, et al 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Doc. 71 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. 2:08-CV-02752-JAM-CKD FINAL JUDGMENT OF FORFEITURE APPROXIMATELY $23,770.87 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NO. 0050 1112 8989, HELD IN THE NAME OF G&R EMPIRE, LLC, APPROXIMATELY $6,741.29 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NO. 0050 1113 0692, HELD IN THE NAME OF PHOENIX CASH & CARRY, LLC, APPROXIMATELY $9,774.73 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NO. 0049 6875 8911, HELD IN THE NAME OF IDEAL TOBACCO WHOLESALE, INC., APPROXIMATELY $7,054.55 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NO. 671-0134131, HELD IN THE NAME OF BITTAR FAMILY TRUST, APPROXIMATELY $31,402.20 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NO. 091-1704013, HELD IN THE NAME OF RAED MOURI AND LOUDY EGHO, 1 Final Judgment of Forfeiture Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 APPROXIMATELY $29,095.02 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NO. 071-0335696, HELD IN THE NAME OF BITTAR FAMILY TRUST, APPROXIMATELY 6,954 TOTAL BOXES OF ASSORTED SMOKEABLE OTP EVIDENCE (CONTAINING APPROXIMATELY 431,447 UNITS OF SMOKEABLE OTP) RECOVERED FROM IDEAL TOBACCO WHOLESALE, APPROXIMATELY 22 TOTAL BOXES OF SMOKEABLE OTP EVIDENCE (CONTAINING APPROXIMATELY 1,350 UNITS OF SMOKEABLE OTP) RECOVERED FROM THE ABF DELIVERY TRUCK AT IDEAL TOBACCO WHOLESALE, AND APPROXIMATELY 87,595 UNITS OF ASSORTED SMOKEABLE OTP EVIDENCE RECOVERED FROM PHOENIX CASH & CARRY, Defendants. 14 15 16 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 17 1. This is a civil forfeiture action against the above captioned assets (hereafter 18 “defendant properties”) seized on or about August 13, 2008. 19 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on 20 November 14, 2008, alleging that the above captioned defendant properties are subject to 21 forfeiture to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (a)(1)(C). 22 3. On or about November 19, 2008, the Clerk issued a Warrant for Arrest for the 23 defendant properties, and that warrant was executed on November 25, 2008, December 3, 24 2008, and December 22, 2008. 25 4. Beginning on December 10, 2008, for at least thirty consecutive days, the 26 United States published Notice of the Forfeiture Action on the official internet government 27 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on February 2, 28 2009. 2 Final Judgment of Forfeiture 1 5. In addition to the public notice on the official internet government forfeiture 2 site www.forfeiture.gov, actual notice or attempted notice was given to the following 3 individuals or entities: a. b. c. d. e. f. g. 4 5 6 7 8 6. Raed Mouri George Bittar Loudy Egho Wanda Bittar Charles Gerken Phoenix Cash & Carry Joseph M. Anderson dba Smokin Joes Claimants G&R Empire, LLC; Phoenix Cash & Carry, LLC; Raed “Roy” Mouri 9 and Loudy Egho; George Bittar, as trustee of the Bittar Family Trust, dated December 23, 10 2003; George Bittar; and Ideal Tobacco Wholesale, Inc. (“Claimants”), filed Verified Claims 11 on December 23, 2008. This case has been stayed by Court Order pending the resolution of 12 the related criminal case, United States v. Raed Mouri and George Bittar, 2:13-CR-0026113 JAM. No other parties have filed claims or answers in this matter, and the time in which 14 any person or entity may file a claim and answer has expired. 15 7. On April 14, 2009, a Stipulation and Order for Interlocutory Sale of Defendant 16 Tobacco Products was entered authorizing the Bureau of Alcohol, Tobacco, Firearms, and 17 Explosives to sell the defendant tobacco products identified in the caption above. 18 8. The Clerk of the Court entered a Clerk’s Certificate of Entry of Default 19 against Charles Gerken on February 25, 2009. The Clerk of the Court entered a Clerk’s 20 Certificate of Entry of Default against Joseph M. Anderson and Wanda Bittar on December 21 12, 2013. Pursuant to Local Rule 540, the United States requests that as part of this Final 22 Judgment of Forfeiture the Court enter a default judgment against the interests, if any, of 23 Charles Gerken, Joseph M. Anderson dba Smokin Joes, and Wanda Bittar without further 24 notice. 25 Based on the above findings, and the files and records of the Court, it is hereby 26 ORDERED AND ADJUDGED: 27 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered 28 into by and between the parties to this action. 3 Final Judgment of Forfeiture 1 2. That judgment is hereby entered against Claimants G&R Empire, LLC; 2 Phoenix Cash & Carry, LLC; Raed “Roy” Mouri and Loudy Egho; George Bittar, as trustee 3 of the Bittar Family Trust, dated December 23, 2003; George Bittar; and Ideal Tobacco 4 Wholesale, Inc., and all other potential claimants who have not filed claims in this action. 5 3. Upon entry of this Final Judgment of Forfeiture, all right, title, and interest 6 of Claimants G&R Empire, LLC; Phoenix Cash & Carry, LLC; Raed “Roy” Mouri and 7 Loudy Egho; George Bittar, as trustee of the Bittar Family Trust, dated December 23, 8 2003; George Bittar; and Ideal Tobacco Wholesale, Inc. in the following defendant 9 properties, together with any interest that may have accrued, shall be forfeited to the 10 United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (a)(1)(C), to be disposed of 11 according to law: 12 a. Approximately $23,770.87 in U.S. Currency seized from Bank of America Account No. 0050 1112 8989, held in the name of G&R Empire, LLC, b. Approximately $6,741.29 in U.S. Currency seized from Bank of America Account No. 0050 1113 0692, held in the name of Phoenix Cash & Carry, LLC, c. Approximately $9,774.73 in U.S. Currency seized from Bank of America Account No. 0049 6875 8911, held in the name of Ideal Tobacco Wholesale, Inc., d. Approximately $1,654.55 of the $7,054.55 in U.S. Currency seized from Wells Fargo Bank Account No. 671-0134131, held in the name of Bittar Family Trust, e. Approximately $31,402.20 in U.S. Currency seized from Wells Fargo Bank Account No. 091-1704013, held in the name of Raed Mouri and Loudy Egho, f. Approximately $29,095.02 in U.S. Currency seized from Wells Fargo Bank Account No. 071-0335696, held in the name of Bittar Family Trust, g. Approximately $1,122,170.50 in net proceeds from the sale of the approximately 6,954 Total Boxes of Assorted Smokeable OTP Evidence (Containing Approximately 431,447 Units of Smokeable OTP) recovered from Ideal Tobacco Wholesale, h. Approximately $3,511.28 in net proceeds from the sale of the approximately 22 Total Boxes of Smokeable OTP Evidence (Containing Approximately 1,350 Units of Smokeable OTP) recovered from the ABF delivery truck at Ideal Tobacco 4 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Final Judgment of Forfeiture Wholesale, and 1 i. 3 Approximately $165,811.85 of the $227,829.89 in net proceeds from the sale of the approximately 87,595 Units of Assorted Smokeable OTP Evidence recovered from Phoenix Cash & Carry and the following tobacco that was not sold: 4 1. Approximately 234 full cases, each containing 30 cartons of Smokin Joe’s little cigars, assorted flavors and sizes. Each carton contains 12 packs of little cigars with each pack containing 20 individual cigars (7,020 total cartons), 2. Several partial cases containing a total of 110 cartons of Smokin Joe’s little cigars, assorted flavors and sizes, 3. Approximately 20 and a half cases of American Smokin Joe’s cigarette tobacco. Each full case consists of 12 aluminum cans containing tobacco weighing 150 grams, and 4. Approximately 27 cases of Smokin Joe’s full flavored cigarette tobacco; each case containing 12-one pound bags of tobacco. 2 5 6 7 8 9 10 11 12 4. 13 Upon entry of this Final Judgment of Forfeiture, but no later than 60 days 14 thereafter, the following assets shall be returned to Claimants through their attorney 15 Jeffrey B. Setness: a. Approximately $5,400.00 of the $7,054.55 in U.S. Currency seized from Wells Fargo Bank Account No. 671-0134131, held in the name of Bittar Family Trust1, and b. 16 Approximately $62,018.04 of the $227,829.89 in net proceeds from the sale of the approximately 87,595 Units of Assorted Smokeable OTP Evidence recovered from Phoenix Cash & Carry. 17 18 19 20 5. 21 The United States and its servants, agents, and employees and all other 22 public entities, their servants, agents, and employees, are released from any and all 23 liability arising out of or in any way connected with the seizure, arrest, sale, or forfeiture of 24 the defendant properties. This is a full and final release applying to all unknown and 25 unanticipated injuries, and/or damages arising out of said seizure, arrest, sale, or 26 forfeiture, as well as to those now known or disclosed. The parties waived the provisions of 27 California Civil Code § 1542. 28 1 These funds shall be returned to the children of claimant George Bittar. 5 Final Judgment of Forfeiture 1 6. Claimants waived any and all claim or right to interest that may have accrued 2 on the defendant funds being forfeited to the United States. 3 7. Pursuant to the stipulation of the parties, and the allegations set forth in the 4 Complaint filed on November 14, 2008, the Court finds that there was reasonable cause for 5 the seizure and arrest of the defendant properties, and for the commencement and 6 prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 7 U.S.C. § 2465 shall be entered accordingly. 8 8. All parties are to bear their own costs and attorney’s fees. 9 9. The U.S. District Court for the Eastern District of California, Hon. John A. 10 Mendez, District Judge, shall retain jurisdiction to enforce the terms of this Final 11 Judgment of Forfeiture. 12 SO ORDERED THIS 19th day of December, 2013. 13 /s/ John A. Mendez_______________ JOHN A. MENDEZ United States District Court Judge 14 15 16 CERTIFICATE OF REASONABLE CAUSE 17 18 Based upon the allegations set forth in the Complaint filed November 14, 2008, and 19 the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 20 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable 21 cause for the seizure and arrest of the defendant properties, and for the commencement 22 and prosecution of this forfeiture action. 23 Dated: 12/19/2013 /s/ John A. Mendez_______________ JOHN A. MENDEZ United States District Court Judge 24 25 26 27 28 6 Final Judgment of Forfeiture

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