USA v. The Contents of Wells Fargo Bank Investment Account No. 1687332 In The Name of Johanna Leal, and et al

Filing 37

AMENDED ORDER Directing Liquidation and Release Of Defendant Investment Account, signed by Judge Oliver W. Wanger on 1/28/2010. (Gaumnitz, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) THE CONTENTS OF WELLS FARGO ) BANK INVESTMENT ACCOUNT NO. ) 16873200 IN THE NAME OF JOHANNA ) LEAL, and, ) ) APPROXIMATELY $6,595.50 IN U.S. ) CURRENCY SEIZED FROM WELLS ) FARGO BANK ACCOUNT NO. ) 3393605765, ) ) Defendants. ) _____________________________________)

1:09-CV-00007-OWW-SMS AMENDED ORDER DIRECTING LIQUIDATION AND RELEASE OF DEFENDANT INVESTMENT ACCOUNT

On January 5, 2009, plaintiff United States of America filed this forfeiture in rem action against defendants the Contents of Wells Fargo Bank Investment Account No. 16873200 in the Name of Johanna Leal and approximately $6,595.50 in U.S. Currency Seized from Wells Fargo Bank Account No. 3393605765. On January 8, 2009, the Court appointed Wells Fargo Bank as the custodian for the defendant investment account and ordered Wells Fargo Bank to hold the account until further order of the Court. On October 27, 2009, the Magistrate Judge recommended that the United States' motion for default judgment be granted and on December 15, 2009, the Court entered an Order Adopting the
AMENDED ORDER DIRECTING LIQUIDATION AND RELEASE OF DEFENDANT INVESTMENT ACCOUNT

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Findings and Recommendations. On January 27, 2010, the Court entered an Amended Default Judgment and Final Judgment of Forfeiture forfeiting to the United States of America the interests of Jorge Leal, Johanna Leal, and all other potential claimants in the defendant Contents of Wells Fargo Bank Investment Account No. 16873200 in the Name of Johanna Leal and defendant approximately $6,595.50 in U.S. Currency Seized from Wells Fargo Bank Account No. 3393605765. Based on the Amended Default Judgment and Final Judgment of Forfeiture entered on January 27, 2010, Wells Fargo Bank, custodian for defendant Contents of Wells Fargo Bank Investment Account No. 16873200 in the Name of Johanna Leal is HEREBY ORDERED to immediately liquidate the investment account and release all net proceeds by certified check addressed and payable to the United States Marshals Service, 501 I Street, Suite 5600, Sacramento, California, 95814. The certified check shall be accompanied by an itemized liquidation statement of all costs, penalties, and/or fees charged by Wells Fargo Bank.

IT IS SO ORDERED. Dated: January 28, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

AMENDED ORDER DIRECTING LIQUIDATION AND RELEASE OF DEFENDANT INVESTMENT ACCOUNT

2