USA v. Approximately $3,872.00 in U.S. Currency et al, No. 2:2010cv02854 - Document 10 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT of FORFEITURE signed by Judge Frank C. Damrell, Jr. on 12/2/2010. (Marciel, M)
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USA v. Approximately $3,872.00 in U.S. Currency et al 1 2 3 4 5 Doc. 10 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. 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 22 23 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $3,872.00 IN U.S. ) CURRENCY, ) ) 2008 FORD F-250 SUPER DUTY TRUCK,) VIN: 1FTSW21R98EC47788, ) LICENSE NUMBER: 0638FDP, and ) ) ) 2005 TERRY 5TH WHEEL TRAILER, VIN: 1EA5R282851501994, ) LICENSE NUMBER: 1LS1242, ) ) Defendants. ) ) 2:10-CV-02854-FCD-DAD 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 24 $3,872.00 in U.S. Currency (hereafter "defendant currency"); a 25 2008 Ford F-250 Super Duty Truck, VIN: 1FTSW21R98EC47788, License 26 Number: 0638FDP (hereafter "defendant truck"); and a 2005 Terry 27 5TH Wheel Trailer, VIN: 1EA5R282851501994, License Number: 28 1LS1242 (hereafter "defendant trailer"). 1 Final Judgment of Forfeiture Dockets.Justia.com 1 2. A Verified Complaint for Forfeiture In Rem ("Complaint") 2 was filed on October 21, 2010, alleging that said defendant truck 3 and defendant trailer are subject to forfeiture to the United 4 States of America pursuant to 21 U.S.C. § 881(a)(4) and said 5 defendant currency, defendant truck, and defendant trailer are 6 subject to forfeiture to the United States of America pursuant to 7 21 U.S.C. § 881(a)(6). 8 9 3. On or about October 22, 2010, the Clerk issued a Warrant for Arrest for the defendant currency, the defendant truck, and 10 the defendant trailer. 11 was duly executed on October 25, 2010, and the warrant for the 12 defendant truck and the defendant trailer was duly executed on 13 October 27, 2010. 14 4. The warrant for the defendant currency Beginning on October 27, 2010, for at least 30 15 consecutive days, the United States published Notice of the 16 Forfeiture Action on the official internet government forfeiture 17 site www.forfeiture.gov. 18 on November 29, 2010. 19 5. A Declaration of Publication was filed In addition to the public notice on the official 20 internet government forfeiture site www.forfeiture.gov, actual 21 notice or attempted notice was given to the following individual: a. 22 23 6. Laurence Hall Potential claimant Hall stated that he is the sole owner 24 of the defendant currency, the defendant truck, and the defendant 25 trailer. 26 7. No parties have filed claims or answers in this 27 matter, and although the time for which any other person or 28 entity may file a claim and answer has not expired, neither the 2 Final Judgment of Forfeiture 1 United States nor Hall is aware of any other person with a legal 2 or equitable interest in any of the defendant property. 3 4 5 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 6 Forfeiture entered into by and between the parties to this 7 action. 8 2. 9 10 That judgment is hereby entered against claimant Laurence Hall and all other potential claimants. 3. Upon entry of this Final Judgment of Forfeiture, 11 $3,872.00 in U.S. Currency, together with any interest that may 12 have accrued on that amount, shall be forfeited to the United 13 States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of 14 according to law. 15 Forfeiture, the defendant truck shall be forfeited to the United 16 States pursuant to 21 U.S.C. §§ 881(a)(4) and (a)(6). 17 4. Upon entry of this Final Judgment of Upon entry of this Final Judgment of Forfeiture, but no 18 later than 60 days thereafter, the defendant trailer shall be 19 returned to potential claimant Laurence Hall "as is." 20 5. That plaintiff United States of America and its 21 servants, agents, and employees and all other public entities, 22 their servants, agents, and employees, are released from any and 23 all liability arising out of or in any way connected with the 24 seizure, arrest, or forfeiture of the defendant currency, the 25 defendant truck, and the defendant trailer. 26 United States of America harmless from any and all liability 27 arising out of or in any way connected with the seizure, arrest, 28 or forfeiture of the defendant currency, the defendant truck, and 3 Hall shall hold the Final Judgment of Forfeiture 1 the defendant trailer. 2 to all unknown and unanticipated injuries, and/or damages arising 3 out of said seizure, arrest, or forfeiture, as well as to those 4 now known or disclosed. 5 California Civil Code § 1542. 6 6. This is a full and final release applying The parties waived the provisions of That pursuant to the stipulation of the parties, and the 7 allegations set forth in the Complaint filed on or about October 8 21, 2010, the Court finds that there was reasonable cause for the 9 seizure and arrest of the defendant currency, the defendant 10 truck, and the defendant trailer, and for the commencement and 11 prosecution of this forfeiture action, and a Certificate of 12 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 13 accordingly. 14 7. All parties are to bear their own costs and attorneys' 8. The Court shall maintain jurisdiction to enforce the 15 fees. 16 17 terms of this Final Judgment of Forfeiture. 18 SO ORDERED THIS 2nd day of December, 2010. 19 20 21 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 22 23 24 25 /// 26 /// 27 /// 28 4 Final Judgment of Forfeiture 1 2 3 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 4 October 21, 2010, and the Stipulation for Final Judgment of 5 Forfeiture filed herein, the Court enters this Certificate of 6 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 7 reasonable cause for the seizure or arrest of the defendant 8 currency, the defendant truck and the defendant trailer, and for 9 the commencement and prosecution of this forfeiture action. 10 DATED: December 2, 2010 11 12 13 14 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Final Judgment of Forfeiture