United States of America v. Approximately $10,100.00 in U.S. Currency, No. 2:2013cv02432 - Document 19 (E.D. Cal. 2014)
Court Description: FINAL JUDGMENT OF FORFEITURE signed by Senior Judge William B. Shubb on *2/20/2014* ORDER AND ADJUDGED Judgment is hereby ENTERED against Claimant Lisa Muraco and all other potential claimants who have not filed claims in this action; Upon entry of a Final Judgment of Forfeiture, $6,100.00 of the $10,100.00 in US Currency, together with any interest that may have accrued on the total amount seized, shall be forfeited to the US pursuant to 21:881(a)(6), to be disposed of according to l aw; Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 days thereafter, $4,000.00 of the $10,100.00 in US Currency shall be returned to claimant, through her attorney James W. Kirshner; All parties are to bear their o wn costs and attorneys' fees; the USDC EDCA, District Judge William B. Shubb, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture; CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Compl aint filed 11/21/2013, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28:2465, that there was reasonable cause for the seizure or arrest of the defendant currency, and for the commencement and prosecution of this forfeiture action CASE CLOSED. (Reader, L)
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4 BENJAMIN B. WAGNER United States Attorney JEFFREY A. SPIVAK Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 v. APPROXIMATELY $10,100.00 IN U.S. CURRENCY, 15 2:13-CV-02432-WBS-DAD FINAL JUDGMENT OF FORFEITURE Defendant. 16 17 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 18 1. This is a civil action in rem brought Approximately $10,100.00 in U.S. 19 Currency (“defendant currency”), which was seized on or about June 6, 2013. 20 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on 21 November 21, 2013, alleging that said defendant currency is subject to forfeiture to the 22 United States pursuant to 21 U.S.C. § 881(a)(6). 23 3. On November 25, 2013, the Clerk issued a Warrant for Arrest for the 24 defendant currency, and that warrant was duly executed on December 20, 2013. 25 4. Beginning on November 30, 2013, for at least 30 consecutive days, the 26 United States published Notice of the Forfeiture Action on the official internet 27 government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on 28 December 30, 2013. 29 30 1 Final Judgment of Forfeiture 1 5. In addition to the public notice on the official internet government forfeiture 2 site www.forfeiture.gov, actual notice or attempted notice was given to the following 3 individual(s): 4 a. Lisa Muraco 5 b. Sal Sutera 6 6. Claimant filed a claim and answer alleging an interest in the defendant 7 currency on January 3, 2014. No other parties have filed claims or answers in this 8 matter, and the time in which any person or entity may file a claim and answer has 9 expired. 10 7. The Clerk of the Court entered a Clerk's Certificate of Entry of Default 11 against Sal Sutera on January 28, 2014. Pursuant to Local Rule 540, the United States 12 and claimant thus join in a request that as part of the Final Judgment of Forfeiture in 13 this case the Court enter a default judgment against the interest, if any, of Sal Sutera 14 without further notice. 15 Based on the above findings, and the files and records of the Court, it is hereby 16 ORDERED AND ADJUDGED: 17 8. The Court adopts the Stipulation for Final Judgment of Forfeiture entered 18 into by and between the parties to this action. 19 9. Judgment is hereby entered against claimant Lisa Muraco and all other 20 potential claimants who have not filed claims in this action. 21 10. Upon entry of a Final Judgment of Forfeiture, $6,100.00 of the $10,100.00 in 22 U.S. Currency, together with any interest that may have accrued on the total amount 23 seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 24 disposed of according to law. 25 11. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 26 days thereafter, $4,000.00 of the $10,100.00 in U.S. Currency shall be returned to 27 claimant, through her attorney James W. Kirshner. 28 29 30 2 Final Judgment of Forfeiture 1 12. That the United States and its servants, agents, and employees and all other 2 public entities, their servants, agents, and employees, are released from any and all 3 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the 4 defendant currency. This is a full and final release applying to all unknown and 5 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as 6 well as to those now known or disclosed. The parties waived the provisions of California 7 Civil Code § 1542. 8 13. Claimant waived any and all claim or right to interest that may have 9 accrued on the defendant currency. 10 14. All parties are to bear their own costs and attorneys' fees. 11 15. The U.S. District Court for the Eastern District of California, Hon. William 12 B. Shubb, District Judge, shall retain jurisdiction to enforce the terms of this Final 13 Judgment of Forfeiture. CERTIFICATE OF REASONABLE CAUSE 14 15 16. Based upon the allegations set forth in the Complaint filed November 21, 16 2013, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters 17 this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 18 reasonable cause for the seizure or arrest of the defendant currency, and for the 19 commencement and prosecution of this forfeiture action. 20 SO ORDERED. 21 Dated: February 20, 2014 22 23 24 25 26 27 28 29 30 3 Final Judgment of Forfeiture
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