United States of America v. Approximately $65,000.00 in U.S. Currency et al, No. 2:2013cv02666 - Document 21 (E.D. Cal. 2014)
Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Garland E. Burrell, Jr on 6/24/14. (Kaminski, H)
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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, Plaintiff, 12 13 v. 2:13-CV-02666-GEB-KJN FINAL JUDGMENT OF FORFEITURE 14 APPROXIMATELY $65,000.00 IN U.S. CURRENCY, and 15 APPROXIMATELY $14,500.00 IN U.S. 16 CURRENCY, Defendants. 17 18 19 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 20 1. This is a civil action in rem brought Approximately $65,000.00 in U.S. 21 Currency, which was seized on or about July 18, 2013 and Approximately $14,500.00 in 22 U.S. Currency, which was seized on or about July 22, 2013 (together, collectively, the 23 “Defendant Currency”). 24 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on 25 December 30, 2013, alleging that said Defendant Currency is subject to forfeiture to the 26 United States pursuant to 21 U.S.C. § 881(a)(6). 27 3. On December 31, 2013, the Clerk issued a Warrant for Arrest for the 28 Defendant Currency, and that warrant was duly executed on January 2, 2014. 29 30 1 Final Judgment of Forfeiture 1 4. Beginning on January 7, 2014, for at least 30 consecutive days, the United 2 States published Notice of the Forfeiture Action on the official internet government 3 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on February 6, 4 2014. 5 5. In addition to the public notice on the official internet government forfeiture 6 site www.forfeiture.gov, actual notice or attempted notice was given to the following 7 individual(s): a. b. c. d. 8 9 James Vue Padee Vue Pang Vue Meng Vue 10 11 6. Claimants James Vue and Padee Vue (“Claimants”) filed a claim alleging an 12 interest in the Defendant Currency on January 29, 2014, and an answer to the Complaint 13 on February 7, 2014. No other parties have filed claims or answers in this matter, and the 14 time in which any person or entity may file a claim and answer has expired. 15 7. The Clerk of the Court entered a Clerk's Certificate of Entry of Default 16 against Pang Vue and Meng Vue on March 5, 2014. Pursuant to Local Rule 540, the 17 United States and Claimants thus join in a request that as part of the Final Judgment of 18 Forfeiture in this case the Court enter a default judgment against the interests, if any, of 19 Pang Vue and Meng Vue without further notice. 20 Based on the above findings, and the files and records of the Court, it is hereby 21 ORDERED AND ADJUDGED: 22 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered 23 into by and between the parties to this action. 24 2. That judgment is hereby entered against claimants James Vue and Padee Vue 25 and all other potential claimants who have not filed claims in this action. 26 3. Upon entry of a Final Judgment of Forfeiture, $32,500.00 of the 27 Approximately $65,000.00 in U.S. Currency and all of the Approximately $14,500.00 in 28 U.S. Currency, together with any interest that may have accrued on the total amount 29 30 2 Final Judgment of Forfeiture 1 seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 2 disposed of according to law. 3 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 4 days thereafter, $32,500.00 of the $65,000.00 in U.S. Currency shall be returned to 5 claimants James Vue and Padee Vue through their attorney John Balazs. 6 5. The United States and its servants, agents, and employees and all other 7 public entities, their servants, agents, and employees, are released from any and all 8 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the 9 Defendant Currency. This is a full and final release applying to all unknown and 10 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as 11 well as to those now known or disclosed. Claimants waived the provisions of California 12 Civil Code § 1542. 13 6. Claimants waive any and all claim or right to interest that may have accrued 14 on the Defendant Currency. 15 7. All parties are to bear their own costs and attorneys' fees. 16 8. The U.S. District Court for the Eastern District of California shall retain 17 jurisdiction to enforce the terms of this Final Judgment of Forfeiture. CERTIFICATE OF REASONABLE CAUSE 18 19 9. Based upon the allegations set forth in the Complaint filed December 30, 20 2013, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters 21 this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 22 reasonable cause for the seizure and arrest of the Defendant Currency, and for the 23 commencement and prosecution of this forfeiture action. 24 SO ORDERED. 25 Dated: June 24, 2014 26 27 28 29 30 3 Final Judgment of Forfeiture
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