(PS) USA v. Approximately $71,115.00 in U.S. Currency, No. 2:2009cv03110 - Document 28 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 8/23/10. CASE CLOSED. (Owen, K) (Main Document 28 replaced on 8/24/2010) (Owen, K).
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(PS) USA v. Approximately $71,115.00 in U.S. Currency 1 2 3 4 5 Doc. 28 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 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 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $71,115.00 IN ) U.S. CURRENCY, ) ) Defendant. ) ______________________________) 2:09-CV-03110-JAM-EFB FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against Approximately $71,115.00 in U.S. Currency (hereafter “defendant currency”). 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) 22 was filed on November 6, 2009, alleging that said defendant 23 currency is subject to forfeiture to the United States of America 24 pursuant to 21 U.S.C. § 881(a)(6). 25 3. On or about November 17, 2009, the Clerk issued a 26 Warrant for Arrest for the defendant currency, and that warrant 27 was duly executed on November 17, 2009. 28 4. Beginning on November 11, 2009, for at least 30 consecutive days, the United States published Notice of the 1 Final Judgment of Forfeiture Dockets.Justia.com 1 Forfeiture Action on the official internet government forfeiture 2 site www.forfeiture.gov. 3 on December 14, 2009. 4 5. A Declaration of Publication was filed In addition to the public notice on the official 5 internet government forfeiture site www.forfeiture.gov, actual 6 notice was given to the following individuals: 7 a. Jesus Espinoza 8 b. Benjamin Ritter 9 c. Christopher Moran 10 6. On December 18, 2009, Jesus Espinoza (“claimant”) filed 11 a Claim Opposing Forfeiture. 12 filed an Answer. 13 in this matter and the time for which any person or entity may 14 file a claim and answer has expired. 15 7. On January 15, 2010, Jesus Espinoza No other parties have filed claims or answers The Clerk of the Court entered a Clerk's Certificate of 16 Entry of Default against Benjamin Ritter and Christopher Moran on 17 January 29, 2010. 18 and claimant thus join in a request that as part of the Final 19 Judgment of Forfeiture in this case the Court enter a default 20 judgment against the interest, if any, of Benjamin Ritter and 21 Christopher Moran without further notice. 22 23 24 Pursuant to Local Rule 540, the United States 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 of 25 Forfeiture entered into by and between the parties to this 26 action. 27 2. 28 That judgment is hereby entered against claimant Jesus Espinoza and all other potential claimants who have not filed claims in this action. 2 Final Judgment of Forfeiture 1 3. Upon entry of this Final Judgment of Forfeiture, 2 $56,892.00 of the $71,115.00 in U.S. Currency, together with any 3 interest that may have accrued on that amount, shall be forfeited 4 to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 5 disposed of according to law. 6 4. Upon entry of this Final Judgment of Forfeiture herein, 7 but no later than 60 days thereafter, $14,223.00 of the 8 $71,115.00 in U.S. Currency, together with any interest that may 9 have accrued on that amount, shall be returned to claimant Jesus 10 11 Espinoza through his attorney Donald H. Heller. 5. That plaintiff United States of America and its 12 servants, agents, and employees and all other public entities, 13 their servants, agents, and employees, are released from any and 14 all liability arising out of or in any way connected with the 15 seizure, arrest, or forfeiture of the defendant currency, and for 16 the commencement and prosecution of this forfeiture action. 17 is a full and final release applying to all unknown and 18 unanticipated injuries, and/or damages arising out of said 19 seizure, arrest, or forfeiture, as well as to those now known or 20 disclosed. 21 Code § 1542. 22 6. This The parties waived the provisions of California Civil Claimant waived any and all claim or right to interest 23 that may have accrued on the defendant currency being forfeited 24 to the United States. 25 7. That pursuant to the stipulation of the parties, and the 26 allegations set forth in the Complaint filed on November 6, 2009, 27 the Court finds that there was reasonable cause for the seizure 28 and arrest of the defendant currency, and for the commencement 3 Final Judgment of Forfeiture 1 and prosecution of this forfeiture action, and a Certificate of 2 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 3 accordingly. 4 8. 5 6 7 8 All parties are to bear their own costs and attorneys' fees. 9. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. SO ORDERED THIS 23rd day of August, 2010. 9 10 /s/ John A. Mendez JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 18 November 6, 2009, and the Stipulation for Final Judgment of 19 Forfeiture filed herein, the Court enters this Certificate of 20 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 21 reasonable cause for the seizure or arrest of the defendant 22 currency, and for the commencement and prosecution of this 23 forfeiture action. 24 25 26 27 DATED: August 23, 2010 /s/ John A. Mendez JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE 28 4 Final Judgment of Forfeiture