-KJN USA v. Approximately $20,000.00 in U.S. Currency, No. 2:2011cv00320 - Document 27 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Frank C. Damrell, Jr on 7/20/11. (Kaminski, H)

Download PDF
-KJN USA v. Approximately $20,000.00 in U.S. Currency 1 Doc. 27 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 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 $20,000.00 IN U.S. CURRENCY, Defendant. 16 17 2:11-CV-00320-FCD-KJN UNITED STATES OF AMERICA, _______________________________ Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: This is a civil forfeiture action against the Approximately 21 $20,000.00 in U.S. Currency (hereafter "defendant currency”) 22 seized on or about September 16, 2010. 23 2. A Verified Complaint for Forfeiture In Rem ("Complaint") 24 was filed on February 3, 2011, alleging that said defendant 25 currency is subject to forfeiture to the United States of America 26 pursuant to 21 U.S.C. § 881(a)(6). Doc #1. 27 28 3. On or about February 4, 2011, 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 executed on February 18, 2011. 2 4. Docs. #3,7, respectively. Beginning on February 13, 2011, for at least 30 3 consecutive days, the United States published Notice of the 4 Forfeiture Action on the official internet government forfeiture 5 site www.forfeiture.gov. 6 on March 16, 2011. 7 5. A Declaration of Publication was filed Doc #10. 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 individual: 10 Audrey McClellan. 6. 11 The Clerk of the Court entered a Clerk's Certificate of 12 Entry of Default against Audrey McClellan on May 3, 2011. 13 #14. 14 to Set Aside Default and Permit Filing of Claim and Answer. 15 #21. 16 Default Against Audrey McClellan and allowed the responsive 17 pleadings submitted by the claimant to be filed by the Clerk. 18 Doc #23. 19 20 21 Doc On May 16, 2011, the parties filed a Stipulation and Order Doc On June 10, 2011, the Court set aside the Clerk’s Entry of 7. Claimant filed a verified claim to the defendant currency and answer to the complaint on May 9, 2011. 8. Docs. #17- No other parties have filed claims or answers in this 22 matter and the time for which any person or entity may file a 23 claim and answer has expired. 24 25 Based on the above findings, and the files and records of this Court, it is hereby 26 ORDERED AND ADJUDGED: 27 1. 28 The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this 2 Final Judgment of Forfeiture 1 action. 2 2. Judgment is hereby entered against Audrey McClellan, and 3 all other potential claimants who have not filed claims in this 4 action. 5 3. Upon entry of a Final Judgment of Forfeiture, $10,250.00 6 of the $20,000.00 in U.S. Currency, together with any interest 7 that may have accrued on that amount, shall be forfeited to the 8 United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed 9 of according to law. 10 4. Upon entry of a Final Judgment of Forfeiture herein, but 11 no later than 60 days thereafter, $9,750.00 of the $20,000.00 in 12 U.S. Currency, together with any interest that may have accrued 13 on that amount, shall be returned to claimant Audrey McClellan 14 through her attorney Stephen A. Munkelt. 15 5. Plaintiff United States of America and its servants, 16 agents, and employees and all other public entities, their 17 servants, agents, and employees, are released from any and all 18 liability arising out of or in any way connected with the 19 seizure, arrest, or forfeiture of the defendant properties. 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 of California Civil Code § 1542. 25 6. This The parties to the stipulation waived the provisions Pursuant to the stipulation of the parties, no party 26 substantially prevailed in this action within the meaning of 28 27 U.S.C. § 2465. 28 7. Pursuant to the stipulation of the parties, and the 3 Final Judgment of Forfeiture 1 allegations set forth in the Complaint filed on or about February 2 3, 2011, the Court finds that there was reasonable cause for the 3 seizure and arrest of the defendant currency, and for the 4 commencement and prosecution of this forfeiture action, and a 5 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 6 shall be entered accordingly. 7 8. Each party shall bear its own costs and attorney's fees. 8 9. The Court shall maintain jurisdiction to enforce the 9 terms of this Final Judgment of Forfeiture. 10 SO ORDERED THIS 20th day of July, 2011. 11 12 13 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 18 February 3, 2011, 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 seizure, or arrest of the defendant 22 currency, and for the commencement and prosecution of this 23 forfeiture action. 24 25 26 27 DATED: July 20, 2011 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 28 4 Final Judgment of Forfeiture

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.