-JFM United States of America v. Approximately $37,280.00 in U.S. Currency, No. 2:2011cv02398 - Document 15 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT of FORFEITURE signed by Judge William B. Shubb on 11/22/11. CASE CLOSED. (Donati, J)
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-JFM United States of America v. Approximately $37,280.00 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, California 95814-2322 Telephone: (916) 554-2700 5 Doc. 15 United States of America 2 3 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 v. 14 15 APPROXIMATELY $37,280.00 IN U.S. CURRENCY, 16 Defendant. ) 2:11-CV-02398-WBS-JFM ) ) FINAL JUDGMENT OF FORFEITURE ) ) ) ) ) ) ) ) ) 17 18 19 20 21 22 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against Approximately $37,280.00 in U.S. Currency (hereafter “defendant currency”). 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) 23 was filed on September 12, 2011, alleging that said defendant 24 currency is subject to forfeiture to the United States of America 25 pursuant to 21 U.S.C. § 881(a)(6). 26 On September 15, 2011, the Clerk issued a Warrant for Arrest 27 for the defendant currency, and that warrant was duly executed on 28 October 27, 2011. 1 Final Judgment of Forfeiture Dockets.Justia.com 1 4. Beginning on October 12, 2011, the United States 2 published Notice of the Forfeiture Action on the official 3 internet government forfeiture site www.forfeiture.gov. 4 Notice will run for at least 30 consecutive days. 5 5. The In addition to the public notice on the official 6 internet government forfeiture site www.forfeiture.gov, actual 7 notice or attempted notice was given to the following 8 individuals: 9 a. Rogelio Lopez-Cortez 10 b. Eustolio Ochoa-Marfin 6. 11 Claimant Rogelio Lopez filed a claim alleging an 12 interest in the defendant currency on October 18, 2011. 13 parties have filed claims or answers in this matter, and the time 14 for which any person or entity may file a claim and answer has 15 expired. 16 7. No other The Clerk of the Court entered a Clerk's Certificate of 17 Entry of Default against Eustolio Ochoa-Marfin on November 4, 18 2011. 19 thus join in a request that as part of the Final Judgment of 20 Forfeiture in this case the Court enter a default judgment 21 against the interest, if any, of Eustolio Ochoa-Marfin without 22 further notice. 23 24 25 Pursuant to Local Rule 540, the United States and claimant 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 26 Forfeiture entered into by and between the parties to this 27 action. 28 2. That judgment is hereby entered against claimant Rogelio 2 Final Judgment of Forfeiture 1 Lopez and all other potential claimants who have not filed claims 2 in this action. 3 3. Upon entry of a Final Judgment of Forfeiture, $27,280.00 4 of the $37,280.00 in U.S. Currency, together with any interest 5 that may have accrued on that amount, shall be forfeited to the 6 United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed 7 of according to law. 8 9 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 days thereafter, $10,000.00 of the $37,280.00 in 10 U.S. Currency, together with any interest that may have accrued 11 on that amount, shall be returned to claimant Rogelio Lopez 12 through his attorney Robert W. MacKenzie. 13 5. That plaintiff United States of America and its 14 servants, agents, and employees and all other public entities, 15 their servants, agents, and employees, are released from any and 16 all liability arising out of or in any way connected with the 17 seizure, arrest, or forfeiture of the defendant currency, and for 18 the commencement and prosecution of this forfeiture action. 19 is a full and final release applying to all unknown and 20 unanticipated injuries, and/or damages arising out of said 21 seizure, arrest, or forfeiture, as well as to those now known or 22 disclosed. 23 Code § 1542. 24 6. This The parties waived the provisions of California Civil Claimant waived any and all claim or right to interest 25 that may have accrued on the defendant currency being forfeited 26 to the United States. 27 28 7. That pursuant to the stipulation of the parties, and the allegations set forth in the Complaint filed on September 12, 3 Final Judgment of Forfeiture 1 2011, the Court finds that there was reasonable cause for the 2 seizure and arrest of the defendant currency, and for the 3 commencement and prosecution of this forfeiture action, and a 4 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 5 shall be entered accordingly. 6 7 8 9 10 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 22nd day of November, 2011. 11 12 13 14 15 16 17 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 18 September 12, 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 the seizure or arrest of the defendant 22 currency, and for the commencement and prosecution of this 23 forfeiture action. 24 DATED: November 22, 2011 25 26 27 28 4 Final Judgment of Forfeiture