United States of America v. Approximately $44,500.00 in U.S. Currency, No. 2:2009cv00457 - Document 18 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Morrison C. England, Jr. on 9/2/2010. CASE CLOSED. (Zignago, K.)
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United States of America v. Approximately $44,500.00 in U.S. Currency 1 2 3 4 5 Doc. 18 BENJAMIN B. WAGNER United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 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 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 v. APPROXIMATELY $44,500.00 IN U.S. CURRENCY, 15 Defendant. 16 17 18 2:09-CV-000457-MCE-EFB FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 19 20 ) ) ) ) ) ) ) ) ) ) ) 1. This is a civil forfeiture action against Approximately $44,500.00 in U.S. Currency ("defendant currency"). 21 2. A Verified Complaint for Forfeiture In Rem (“Verified 22 Complaint”) was filed on February 13, 2009, alleging that said 23 defendant currency is subject to forfeiture to the United States 24 of America pursuant to 21 U.S.C. § 881(a)(6). 25 3. On or about February 18, 2009, the Clerk issued a 26 Warrant for Arrest for the defendant currency, and that warrant 27 was duly executed on February 19, 2009. 28 /// 1 Final Judgment of Forfeiture Dockets.Justia.com 1 4. Beginning on February 24, 2009, for at least 30 2 consecutive days, the United States published Notice of the 3 Forfeiture Action on the official internet government forfeiture 4 site www.forfeiture.gov. 5 on March 30, 2009. 6 5. A Declaration of Publication was filed In addition to the public notice on the official 7 internet government forfeiture site www.forfeiture.gov, actual 8 notice was given to the following individuals: 9 a. John Jacob Carter 10 b. Naomi Carter 11 c. PV Holding Corporation 12 6. On March 19, 2009, John Jacob Carter filed a Verified 13 Claim and on April 8, 2009, he filed an Answer to the Complaint. 14 No other parties have filed claims or answers in this matter and 15 the time for which any person or entity may file a claim and 16 answer has expired. 17 7. The Clerk of the Court entered a Clerk’s Certificate of 18 Entry of Default against Naomi Carter on April 27, 2009. 19 Pursuant to Local Rule 540, the United States and Claimant thus 20 join in a request that as part of this Final Judgment of 21 Forfeiture in this case the Court enter a default judgment 22 against the interest, if any, of Naomi Carter without further 23 notice. 24 25 26 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 27 of Forfeiture entered into by and between the parties to this 28 action. 2 Final Judgment of Forfeiture 1 2. That judgment is hereby entered against claimant 2 John Jacob Carter and all other potential claimants who have not 3 filed claims in this action. 4 3. Upon entry of a Final Judgment of Forfeiture, $31,150.00 5 of the Approximately $44,500.00 in U.S. Currency, together with 6 any interest that may have accrued on that amount, shall be 7 forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), 8 to be disposed of according to law. 9 4. Upon entry of this Final Judgment of Forfeiture, but no 10 later than 60 days thereafter, $13,350.00 of the Approximately 11 $44,500.00 in U.S. Currency, together with any interest that may 12 have accrued on that amount, shall be returned to John Jacob 13 Carter through his attorney, Keith C. Cope. 14 5. That plaintiff United States of America and its 15 servants, agents, and employees and all other public entities, 16 their servants, agents, and employees, are released from any and 17 all liability arising out of or in any way connected with the 18 seizure, arrest, or forfeiture of the defendant currency, and for 19 the commencement and prosecution of this forfeiture action. 20 is a full and final release applying to all unknown and 21 unanticipated injuries, and/or damages arising out of said 22 seizure, arrest, or forfeiture, as well as to those now known or 23 disclosed. 24 Code § 1542. 25 6. This The parties waive the provisions of California Civil Claimant John Jacob Carter waives any and all claim or 26 right to interest that may have accrued on the defendant currency 27 being forfeited to the United States. 28 /// 3 Final Judgment of Forfeiture 1 7. That pursuant to the stipulation of the parties, and the 2 allegations set forth in the Verified Complaint filed on February 3 13, 2009, the Court finds that there was reasonable cause for the 4 seizure and arrest of the defendant currency, and for the 5 commencement and prosecution of this forfeiture action, and a 6 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 7 shall be entered accordingly. 8 9 10 11 12 8. All parties will bear their own costs and attorneys' fees, if any. 9. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. IT IS SO ORDERED. 13 14 15 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Verified 16 Complaint filed February 13, 2009, and the Stipulation for Final 17 Judgment of Forfeiture filed herein, the Court enters this 18 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, 19 that there was reasonable cause for the seizure or arrest of the 20 defendant currency, and for the commencement and prosecution of 21 this forfeiture action. 22 Dated: September 2, 2010 23 24 25 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 26 27 28 4 Final Judgment of Forfeiture