-EFB United States of America v. Approximately $16,923.70 in U.S. Currency, No. 2:2009cv02087 - Document 26 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge William B. Shubb on 12/5/11. (Kaminski, H)
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-EFB United States of America v. Approximately $16,923.70 in U.S. Currency 1 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. 26 Attorneys for the United States 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 18 19 20 FINAL JUDGMENT OF FORFEITURE Plaintiff, v. APPROXIMATELY $16,923.87 IN U.S. CURRENCY, Defendant. 16 17 2:09-CV-02087-WBS-EFB UNITED STATES OF AMERICA, _______________________________ Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against the 21 Approximately $16,923.70 in U.S. Currency (hereafter "defendant 22 currency”) seized on or about February 20, 2009. 23 2. A Verified Complaint for Forfeiture In Rem ("Complaint") 24 was filed on July 28, 2009, alleging that said defendant currency 25 is subject to forfeiture to the United States of America pursuant 26 to 21 U.S.C. § 881(a)(6). Doc #1. 27 28 3. On or about July 30, 2009, the Clerk issued a Warrant for Arrest for the defendant currency, and that warrant was duly 1 Final Judgment of Forfeiture Dockets.Justia.com 1 2 executed on August 3, 2009. Docs. #3,4, respectively. 4. Beginning on August 5, 2009, for at least 30 consecutive 3 days, the United States published Notice of the Forfeiture Action 4 on the official internet government forfeiture site 5 www.forfeiture.gov. A Declaration of Publication was filed on 6 September 16, 2009. Doc #8. 7 5. In addition to the public notice on the official 8 internet government forfeiture site www.forfeiture.gov, actual 9 notice or attempted notice was given to the following 10 individuals: 11 a) Eric Engstrom 12 b) Mona Colomb 13 6. Claimants filed a verified claim to the defendant 14 currency on November 11, 2009 and answer to the complaint on 15 November 11, 2009. 16 7. Docs. #9, #10, respectively. No other parties have filed claims or answers in this 17 matter and the time for which any person or entity may file a 18 claim and answer has expired. 19 20 Based on the above findings, and the files and records of this Court, it is hereby 21 ORDERED AND ADJUDGED: 22 1. The Court adopts the Stipulation for Final Judgment of 23 Forfeiture entered into by and between the parties to this 24 action. 25 2. Judgment is hereby entered against Eric Engstrom and 26 Mona Colomb, and all other potential claimants who have not filed 27 claims in this action. 28 3. Upon entry of a Final Judgment of Forfeiture, $9,923.87 2 Final Judgment of Forfeiture 1 of the $16,923.87 in U.S. Currency, together with any interest 2 that may have accrued on that amount, shall be forfeited to the 3 United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed 4 of according to law. 5 4. Upon entry of a Final Judgment of Forfeiture herein, but 6 no later than 60 days thereafter, $7,000.00 of the $16,923.87 in 7 U.S. Currency, together with any interest that may have accrued 8 on that amount, shall be returned to claimants Eric Engstrom and 9 Mona Colomb, through their attorney Stephen A. Munkelt. 10 5. Plaintiff United States of America and its servants, 11 agents, and employees and all other public entities, their 12 servants, agents, and employees, are released from any and all 13 liability arising out of or in any way connected with the 14 seizure, arrest, or forfeiture of the defendant properties. 15 is a full and final release applying to all unknown and 16 unanticipated injuries, and/or damages arising out of said 17 seizure, arrest, or forfeiture, as well as to those now known or 18 disclosed. 19 of California Civil Code § 1542. 20 6. This The parties to the stipulation waived the provisions Pursuant to the stipulation of the parties, no party 21 substantially prevailed in this action within the meaning of 28 22 U.S.C. § 2465. 23 7. Pursuant to the stipulation of the parties, and the 24 allegations set forth in the Complaint filed on or about July 28, 25 2009, the Court finds that there was reasonable cause for the 26 seizure and arrest of the defendant currency, and for the 27 commencement and prosecution of this forfeiture action, and a 28 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 3 Final Judgment of Forfeiture 1 shall be entered accordingly. 2 8. Each party shall bear its own costs and attorney's fees. 3 9. The Court shall maintain jurisdiction to enforce the 4 5 terms of this Final Judgment of Forfeiture. SO ORDERED THIS 5TH day of December, 2011. 6 7 8 9 10 11 12 CERTIFICATE OF REASONABLE CAUSE 13 Based upon the allegations set forth in the Complaint filed 14 July 28, 2009, and the Stipulation for Final Judgment of 15 Forfeiture filed herein, the Court enters this Certificate of 16 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 17 reasonable cause for seizure, or arrest of the defendant 18 currency, and for the commencement and prosecution of this 19 forfeiture action. 20 21 22 DATED: December 5, 2011 23 24 25 26 27 28 4 Final Judgment of Forfeiture