United States of America v. Approximately $324,650.00 in U.S. Currency, No. 2:2022cv01818 - Document 15 (E.D. Cal. 2023)
Court Description: FINAL JUDGMENT of FORFEITURE signed by District Judge Dale A. Drozd on 12/21/2023. (Clemente Licea, O)
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1 PHILLIP A. TALBERT 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 2:22-CV-01818-DAD-JDP Plaintiff, FINAL JUDGMENT OF FORFEITURE 13 14 v. APPROXIMATELY $324,650.00 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 $324,650.00 in U.S. Currency 19 (“defendant currency”) seized on or about August 25, 2021. 20 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on October 14, 21 2022, alleging that said defendant currency is subject to forfeiture to the United States pursuant to 21 22 U.S.C. § 881(a)(6). 23 3. On October 17, 2022, the Clerk issued a Warrant for Arrest for the defendant currency, 24 and that warrant was executed on October 19, 2022. 25 4. Beginning on November 3, 2022, 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 December 5, 2022. 28 29 30 5. In addition to the public notice on the official internet government forfeiture site 1 Final Judgment of Forfeiture 1 www.forfeiture.gov, actual notice or attempted notice was given to the following individual: a. 2 3 6. Valentina Miles Claimant Valentina Miles filed a Verified Answer to Verified Complaint for Forfeiture In 4 Rem on December 1, 2022. No claim was filed by Valentina Miles. No other parties have filed claims 5 or answers in this matter, and the time in which any person or entity may file a claim and answer has 6 expired. 7 7. Claimant Valentina Miles represented and warranted that she is the sole owner of the 8 defendant currency. 9 Based on the above findings, and the files and records of the Court, it is hereby ORDERED 10 AND ADJUDGED: 11 1. Judgment is hereby entered against claimant Valentina Miles and all other potential 12 claimants who have not filed claims in this action. 13 2. Upon entry of this Final Judgment of Forfeiture, $239,650.00 of the Approximately 14 $324,650.00 in U.S. Currency, together with any interest that may have accrued on the total amount 15 seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of 16 according to law. 17 3. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, 18 $85,000.00 of the Approximately $324,650.00 in U.S. Currency shall be returned to Valentina Miles 19 through her attorney Mark Reichel. 20 4. The United States and its servants, agents, and employees and all other public entities, 21 their servants, agents, and employees, are released from any and all liability arising out of or in any 22 way connected with the seizure, arrest, or forfeiture of the defendant currency. This is a full and final 23 release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure, 24 arrest, or forfeiture, as well as to those now known or disclosed. Valentina Miles waived the 25 provisions of California Civil Code § 1542. 26 5. All parties are to bear their own costs and attorneys’ fees. 27 6. The U.S. District Court for the Eastern District of California, Hon. Dale A. Drozd, 28 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 29 30 2 Final Judgment of Forfeiture 7. 1 Based upon the allegations set forth in the Complaint filed October 14, 2022, and the 2 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 3 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the 4 defendant currency, and for the commencement and prosecution of this forfeiture action. 5 6 7 IT IS SO ORDERED. Dated: December 21, 2023 DALE A. DROZD 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 29 30 3 Final Judgment of Forfeiture
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