USA v. Approx. $41,140.00 in U.S. Currency, No. 2:2020cv01233 - Document 24 (E.D. Cal. 2020)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by District Judge Troy L. Nunley on 10/16/2020. CASE CLOSED. (Tupolo, A)
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USA v. Approx. $41,140.00 in U.S. Currency Doc. 24 1 McGREGOR W. SCOTT United States Attorney 2 KEVIN C. KHASIGIAN Assistant U.S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 2:20-CV-01233-TLN-KJN Plaintiff, FINAL JUDGMENT OF FORFEITURE 13 14 v. APPROXIMATELY $41,140.00 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 Approximately $41,140.00 in U.S. Currency 19 (“defendant currency”) seized on or about October 31, 2019. 20 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on June 18, 2020, 21 alleging that said defendant currency is subject to forfeiture to the United States pursuant to 21 U.S.C. § 22 881(a)(6). 23 3. On June 22, 2020, the Clerk issued a Warrant for Arrest for the defendant currency, and 24 that warrant was executed on June 24, 2020. 25 4. Beginning on June 24, 2020, for at least 30 consecutive days, the United States published 26 Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A 27 Declaration of Publication was filed on July 30, 2020. 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 the following individual: 3 4 a. 6. Blake Austin Crisler. Claimant Blake Austin Crisler filed a Claim Form claiming an interest in the defendant 5 currency on July 1, 2020. No other parties have filed claims or answers in this matter, and the time in 6 which any person or entity may file a claim and answer has expired. 7 Based on the above findings, and the files and records of the Court, it is hereby ORDERED 8 AND ADJUDGED: 9 1. Judgment is hereby entered against claimant Blake Austin Crisler and all other potential 10 claimants who have not filed claims in this action. 11 2. Upon entry of this Final Judgment of Forfeiture, $16,140.00 of the Approximately 12 $41,140.00 in U.S. Currency, together with any interest that may have accrued on the total amount 13 seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of 14 according to law. 15 3. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, 16 $25,000.00 of the Approximately $41,140.00 in U.S. Currency shall be returned to Blake Austin 17 Crisler through his attorney Miles A. Harris. 18 4. The United States and its servants, agents, and employees and all other public entities, 19 their servants, agents, and employees, are released from any and all liability arising out of or in any 20 way connected with the seizure, arrest, or forfeiture of the defendant currency. This is a full and final 21 release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure, 22 arrest, or forfeiture, as well as to those now known or disclosed. Blake Austin Crisler waived the 23 provisions of California Civil Code § 1542. 24 5. All parties are to bear their own costs and attorneys' fees. 25 6. The U.S. District Court for the Eastern District of California, Hon. Troy L. Nunley, 26 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 27 7. Based upon the allegations set forth in the Complaint filed June 18, 2020, 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 seizure and arrest of the 2 defendant currency, and for the commencement and prosecution of this forfeiture action. 3 SO ORDERED THIS 16th day of October, 2020. 4 5 6 Troy L. Nunley United States District Judge 7 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