USA v. Approximately $4,023.00 in U.S. Currency et al, No. 2:2009cv00111 - Document 59 (E.D. Cal. 2013)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 12/19/2013 ADOPTING 58 Stipulation for Final Judgment of Forfeiture; ENTERING JUDGMENT against Claimants Phoenix Cash & Carry, LLC, Raed "Roy" Mouri, 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 properties, including any interest that may have accrued, of Claimants Phoenix Cash & Carry, LLC, Raed "Roy" Mouri, George Bittar, and Ideal Tobacco Wholesale, Inc.; RELEASING the United States and its servants, agents, and employees from any and all liability a rising out of or in any way connected with the seizure, arrest, sale, or forfeiture of the defendant properties; ORDERING that all parties bear their own costs 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. CASE CLOSED. (Michel, G)

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USA v. Approximately $4,023.00 in U.S. Currency 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. 59 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 v. 2:09-CV-00111-JAM-CKD FINAL JUDGMENT OF FORFEITURE APPROXIMATELY $4,023.00 IN U.S. CURRENCY, APPROXIMATELY $1,280.00 IN U.S. CURRENCY, APPROXIMATELY $6,268.00 IN U.S. CURRENCY, APPROXIMATELY $5,510.00 IN U.S. CURRENCY, and APPROXIMATELY 169 Boxes of SMOKELESS TOBACCO, 21 Defendants. 22 23 24 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 25 1. This is a civil forfeiture action against the above captioned assets (hereafter 26 “defendant properties”) seized on or about August 13, 2008. 27 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on 28 January 13, 2009, alleging that the above captioned defendant properties are subject to 1 Final Judgment of Forfeiture Dockets.Justia.com 1 forfeiture to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 2344(c). 2 3. On or about January 14, 2009, the Clerk issued a Warrant for Arrest for the 3 defendant properties, and that warrant was executed on January 15, 2009, and May 22, 4 2009. 5 4. Beginning on January 21, 2009, for at least thirty consecutive days, the 6 United States published Notice of the Forfeiture Action on the official internet government 7 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on February 25, 8 2009. 9 5. In addition to the public notice on the official internet government forfeiture 10 site www.forfeiture.gov, actual notice or attempted notice was given to the following 11 individuals or entities: a. b. c. d. e. 12 13 14 15 6. Raed Mouri George Bittar Wanda Bittar Charles Gerken Phoenix Cash & Carry Claimants Phoenix Cash & Carry, LLC; Raed “Roy” Mouri; George Bittar; and 16 Ideal Tobacco Wholesale, Inc. (“Claimants”), filed Verified Claims on February 17, 2009. 17 This case has been stayed by Court Order pending the resolution of the related criminal 18 case, United States v. Raed Mouri and George Bittar, 2:13-CR-00261-JAM. No other 19 parties have filed claims or answers in this matter, and the time in which any person or 20 entity may file a claim and answer has expired. 21 7. On April 14, 2009, a Stipulation and Order for Interlocutory Sale of Defendant 22 Tobacco Products was entered authorizing the Bureau of Alcohol, Tobacco, Firearms, and 23 Explosives to sell the defendant tobacco products identified in the caption above. 24 8. The Clerk of the Court entered a Clerk’s Certificate of Entry of Default 25 against Charles Gerken on May 29, 2009. The Clerk of the Court entered a Clerk’s 26 Certificate of Entry of Default against Wanda Bittar on December 16, 2013. Pursuant to 27 Local Rule 540, the United States requests that as part of this Final Judgment of 28 Forfeiture the Court enter a default judgment against the interests, if any, of Charles 2 Final Judgment of Forfeiture 1 Gerken and Wanda Bittar without further notice. 2 Based on the above findings, and the files and records of the Court, it is hereby 3 ORDERED AND ADJUDGED: 4 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered 5 into by and between the parties to this action. 6 2. That judgment is hereby entered against Claimants Phoenix Cash & Carry, 7 LLC; Raed “Roy” Mouri; George Bittar; and Ideal Tobacco Wholesale, Inc., and all other 8 potential claimants who have not filed claims in this action. 9 3. Upon entry of this Final Judgment of Forfeiture, all right, title, and interest 10 of Claimants Phoenix Cash & Carry, LLC; Raed “Roy” Mouri; George Bittar; and Ideal 11 Tobacco Wholesale, Inc. in the following defendant properties, together with any interest 12 that may have accrued, shall be forfeited to the United States pursuant to 18 U.S.C. §§ 13 981(a)(1)(C) and 2344(c), to be disposed of according to law: 14 a. Approximately $4,023.00 in U.S. Currency, 15 b. Approximately $1,280.00 in U.S. Currency, 16 c. Approximately $6,268.00 in U.S. Currency, 17 d. Approximately $5,510.00 in U.S. Currency, and 18 e. Approximately $14,206.37 in net proceeds from the sale of the approximately 169 Boxes of Smokeless Tobacco. 19 20 4. The United States and its servants, agents, and employees and all other 21 public entities, their servants, agents, and employees, are released from any and all 22 liability arising out of or in any way connected with the seizure, arrest, sale, or forfeiture 23 of the defendant properties. This is a full and final release applying to all unknown and 24 unanticipated injuries, and/or damages arising out of said seizure, arrest, sale, or 25 forfeiture, as well as to those now known or disclosed. The parties waived the provisions 26 of California Civil Code § 1542. 27 5. Claimants waived any and all claim or right to interest that may have accrued 28 on the defendant funds being forfeited to the United States. 3 Final Judgment of Forfeiture 1 6. All parties are to bear their own costs and attorney’s fees. 2 7. The U.S. District Court for the Eastern District of California, Hon. John A. 3 Mendez, District Judge, shall retain jurisdiction to enforce the terms of this Final 4 Judgment of Forfeiture. 5 SO ORDERED THIS 19th day of December, 2013. 6 /s/ John A. Mendez_______________ JOHN A. MENDEZ United States District Court Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Final Judgment of Forfeiture

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