United States of America v. Approximately $179,298.00 in U.S. Currency

Filing 34

FINAL JUDGMENT OF FORFEITURE signed by Chief Judge Anthony W. Ishii on 3/25/2011. (Marrujo, C)

-GSA United States of America v. Approximately $179,298.00 in U.S. Currency

Doc. 34

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 ALYSON A. BERG 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. ) ) APPROXIMATELY $179,298.00 IN U.S. ) CURRENCY, ) ) Defendant. ) __________________________________ )

1:09-CV-00648-AWI-GSA FINAL JUDGMENT OF FORFEITURE

Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 1. This is a civil forfeiture action against defendant approximately $179,298.00 in U.S.

Currency (hereafter "defendant currency"). 2. A Verified Complaint for Forfeiture In Rem was filed on April 9, 2009, alleging that

said defendant currency is subject to forfeiture to the United States of America pursuant to 21 U.S.C. § 881(a)(6). 3. On April 29, 2009, the Clerk issued a Warrant for Arrest for the defendant currency,

which was duly executed on May 4, 2009. 4. Beginning on May 19, 2009, for at least 30 consecutive days, the United States

published notice of this action on the official government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on July 6, 2009. ///

FINAL JUDGMENT OF FORFEITURE

Dockets.Justia.com

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

5.

In addition to public notice on the official internet government forfeiture site

www.forfeiture.gov, actual notice or attempted notice was given to the following individuals: a. Clarence Pickens b. Chanteary Sao 6. Claimant Clarence Pickens filed a claim to this action. No other parties have filed

claims or answers in this matter, and the time for which any person or entity may file a claim and answer has expired. 7. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against

Chanteary Sao on February 11, 2011. Pursuant to Local Rule 540, the United States and claimant Clarence Pickens thus join in a request that as part of this Final Judgment of Forfeiture in this case the Court enter a default judgment against the interest, if any, of Chanteary Sao. Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and

between the parties to this action. 2. Judgment is hereby entered against Clarence Pickens, Chanteary Sao, and all other

potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture herein, $100,000.00 of the

approximately $179,298.00 in U.S. Currency, together with any interest that may have accrued on that amount, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 45 days

thereafter, $79,298.00 of the approximately $179,298.00 in U.S. Currency, together with any interest that may have accrued on that amount, shall be returned to claimant Clarence Pickens through his attorney Anthony J. Feldstein at 140 Geary Street, 7th Floor, San Francisco, CA 94108. 5. Plaintiff United States of America and its servants, agents, and employees, and all

other public entities, their servants, agents, and employees, are hereby released from any and all liability arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant

FINAL JUDGMENT OF FORFEITURE

2

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

currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. The parties to this stipulation agree to waive the provisions of California Civil Code § 1542. 6. There was reasonable cause for the seizure and arrest of the defendant currency and

that the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 7. 8. Forfeiture. 9. There are no other terms or conditions other than those specified herein. All parties are to bear their own costs and attorneys' fees. The Court shall maintain jurisdiction to enforce the terms of the Final Judgment of

CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed April 9, 2009, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for seizure of the defendant currency.

IT IS SO ORDERED. Dated: 0m8i78 March 25, 2011 CHIEF UNITED STATES DISTRICT JUDGE

FINAL JUDGMENT OF FORFEITURE

3