United States of America v. Approximately $121,525.00 in U.S. Currency, No. 2:2017cv02317 - Document 12 (E.D. Cal. 2018)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by District Judge Kimberly J. Mueller on 9/13/18 ORDERING that Judgment is hereby entered against claimant Ramon Alberto Cisneros all other potential claimants who have not filed claims in this action; Upon entry of a Final Judgment of Forfeiture, $86,525.00 of the Approximately $121,525.00 in U.S. Currency, together with any interest that may have accrued on the total amount, shall be forfeited to the United States pursuant to 18 U.S.C. § 881 (a)(6), to be disposed of according tolaw. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 days thereafter, $35,000.00 of the Approximately $121,525.00 in U.S. Currency, shall be returned to claimant Ramon Alberto Cisneros, through his attorney Trina C. Cervantes. (cc Financial) (Becknal, R)

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United States of America v. Approximately $121,525.00 in U.S. Currency 4 MCGREGOR W. SCOTT 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 1 2 3 Doc. 12 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 2:17-CV-02317-KJM-AC Plaintiff, FINAL JUDGMENT OF FORFEITURE 13 14 v. APPROXIMATELY $121,525.00 IN U.S. CURRENCY, 15 Defendant. 16 17 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 18 1. This is a civil forfeiture action against the Approximately $121,525.00 in U.S. Currency 19 (hereafter “defendant currency”) seized on or about August 9, 2017. 20 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on November 3, 21 2017, alleging the defendant currency is subject to forfeiture to the United States pursuant to 21 U.S.C. 22 § 881(a)(6). 23 3. On November 3, 2017, the Clerk issued a Warrant for Arrest for the defendant currency, 24 and that warrant was duly executed on November 7, 2017. 25 4. Beginning on November 10, 2017, for at least 30 consecutive days, the United States 26 published Notice of the Forfeiture Action on the official internet government forfeiture site 27 www.forfeiture.gov. A Declaration of Publication was filed on February 15, 2018. 28 1 Final Judgment of Forfeiture Dockets.Justia.com 1 5. In addition to the public notice on the official internet government forfeiture site 2 www.forfeiture.gov, actual notice or attempted notice was given to: Ramon Cisneros. 3 Based on the above findings, and the files and records of the Court, it is hereby ORDERED 4 AND ADJUDGED: 5 6. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 6 between the parties to this action. 7 7. Judgment is hereby entered against claimant Ramon Alberto Cisneros all other potential 8 claimants who have not filed claims in this action. 9 8. Upon entry of a Final Judgment of Forfeiture, $86,525.00 of the Approximately 10 $121,525.00 in U.S. Currency, together with any interest that may have accrued on the total amount, 11 shall be forfeited to the United States pursuant to 18 U.S.C. § 881(a)(6), to be disposed of according to 12 law. 13 9. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 days thereafter, 14 $35,000.00 of the Approximately $121,525.00 in U.S. Currency, shall be returned to claimant Ramon 15 Alberto Cisneros, through his attorney Trina C. Cervantes. 16 10. The United States and its servants, agents, and employees and all other public entities, 17 their servants, agents, and employees, are released from any and all liability arising out of or in any way 18 connected with the filing of the Complaint and the arrest and seizure of the defendant currency. This is 19 a full and final release applying to all unknown and unanticipated injuries, and/or damages arising out 20 of said filing of the Complaint and the arrest and seizure of the defendant currency, as well as to those 21 now known or disclosed. The parties waived the provisions of California Civil Code § 1542. 22 11. Claimant waives any and all claim or right to interest that may have accrued on the 23 Approximately $121,525.00 in U.S. Currency. 24 12. All parties are to bear their own costs and attorneys' fees. 25 13. The U.S. District Court for the Eastern District of California, Hon. Kimberly J. Mueller, 26 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 27 14. Based upon the allegations set forth in the Complaint filed November 3, 2017, and the 28 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 2 Final Judgment of Forfeiture 1 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the filing of the Complaint and 2 the arrest and seizure of the defendant currency, and for the commencement and prosecution of this 3 forfeiture action. 4 SO ORDERED THIS 13th day of September, 2018. 5 6 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Final Judgment of Forfeiture

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