United States of America v. 11880 East Harvard Avenue, Sanger, CA 93657

Filing 60

FINAL JUDGMENT of FORFEITURE, signed by Judge Oliver W. Wanger on 9/20/2011. (Kusamura, W)

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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]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

) 1:09-CV-01004-OWW-GSA
)
Plaintiff,
) FINAL JUDGMENT OF FORFEITURE
)
v.
)
)
11880 EAST HARVARD AVENUE,
)
SANGER, CALIFORNIA, FRESNO
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COUNTY, APN 309-352-02, INCLUDING )
ALL APPURTENANCES AND
)
IMPROVEMENTS THERETO,
)
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APPROXIMATELY $2,770.00 IN US.
)
CURRENCY, and
)
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2005 CHEVROLET TRUCK,
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VIN: 2GCEC19T051249989,
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LICENSE: 7U34478,
)
)
Defendants.
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_____________________________________)

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Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds:

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1.

This is a civil forfeiture action against real property located at 11880 East Harvard

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Avenue, Sanger, California, Fresno County, APN: 309-352-021 (hereafter “defendant real

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property”), approximately $2,770.00 in U.S. Currency (hereafter, “defendant currency”) and a

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2005 Chevrolet Truck, VIN: 2GCEC19T051249989, License: 7U34478 (hereafter “defendant

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vehicle”).

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Final Judgment of Forfeiture

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2.

A Verified Complaint for Forfeiture In Rem was filed on June 10, 2009, seeking

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the forfeiture of the defendant real property, alleging that said real property constitutes proceeds

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and/or property used to facilitate a conspiracy to commit or are traceable to violations of 18

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U.S.C. §371 (Conspiracy); 18 U.S.C. §§ 1028 and 1028A (Identity Theft); 18 U.S.C. §1029

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(Credit Card Fraud); 18 U.S.C. § 1341(Mail Fraud); 18 U.S.C. § §1343 and 1349 (Wire Fraud),

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offenses punishable by more than one year’s imprisonment and is therefore subject to forfeiture

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to the United States pursuant to 18 U.S.C. § 981(a)(1)(A) and (C).

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3.

A Verified Complaint for Forfeiture In Rem was filed on November 9, 2009,

seeking the forfeiture of the defendant currency and defendant vehicle, alleging that the

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defendant currency and defendant vehicle constitute proceeds and/or property used to facilitate a

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conspiracy to commit or are traceable to a violation of 18 U.S.C. § 1028(a)(7) [Identity Theft], 18

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U.S.C. § 1029 [Credit Card Fraud], 18 U.S.C. § 1341 [Mail Fraud], 18 U.S.C. § 1343 [Wire

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Fraud], 18 U.S.C. § 1349 [Conspiracy to Commit Wire Fraud], and 18 U.S.C. §§ 1956 and 1957

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[Money Laundering], and are therefore subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A)

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and (a)(1)(C).

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4.

On June 30, 2009, in accordance with said Complaint, the defendant real property

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was posted with copies of the Verified Complaint and Amended Notice of Complaint in a

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manner consistent with the requirements of 18 U.S.C. § 985.

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5.

On November 10, 2009, the Clerk issued a Warrant for Arrest for the defendant

currency and defendant vehicle, which was duly executed on November 17, 2009.

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6.

Beginning on August 7, 2009, for at least 30 consecutive days, the United States

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published notice of the action against the defendant real property on the official government

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forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on September 17,

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2009.

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7.

Beginning on November 13, 2009, for at least 30 consecutive days, the United

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States published notice of the action against the defendant currency and defendant vehicle on the

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official government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed

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on December 15, 2009.
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Final Judgment of Forfeiture

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8.

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:

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a.

Renatta Carter-Ford

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b.

Bank of America N.A.

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c.

GMAC Inc.

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7.

Apart from Claimants Renatta Carter-Ford, Bank of America N.A., and GMAC

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Inc., no other parties have filed claims and answers in this matter, and the time for which any

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person or entity may file a claim and answer has expired.

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8.

On September 7, 2011, GMAC Inc. formally withdrew their verified claim as to

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the defendant vehicle, leaving Renatta Carter-Ford and Bank of America N.A. as the only

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remaining claimants.

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Based on the above findings, and the files and records of the Court, it is hereby

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ORDERED AND ADJUDGED:

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1.

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The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by

and between the parties to this action.

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2.

That judgment is hereby entered against Claimants Renatta Carter-Ford, Bank of

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America N.A., GMAC Inc., and all other potential claimants who have not filed claims in this

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action.

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3.

Upon entry of a Final Judgment of Forfeiture herein, the defendant approximately

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$2,770.00 in U.S. Currency, together with any interest that may have accrued on that amount,

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shall be forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(A) and (a)(1)(C), to be

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disposed of according to law.

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4.

Claimant Renatta Carter-Ford shall pay to the United States the sum of

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$50,000.00 as a substitute res in lieu of the defendant real property within forty-five (45) days

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from the date of signing this Stipulation for Final Judgment of Forfeiture. Claimant Renatta

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Carter-Ford shall send a cashier’s check in the amount of $50,000.00 made payable to the U.S.

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Marshals Service. The check shall be sent to the U.S. Attorneys Office, Att: Asset Forfeiture

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Unit, 2500 Tulare Street, Suite 4401, Fresno, California 93721. Said $50,000.00 shall be
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Final Judgment of Forfeiture

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substituted as the res herein, and shall be forfeited to the United States pursuant to 18 U.S.C. §

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981(a)(1)(A) and (a)(1)(C), to be disposed of according to law. Upon payment of the sub res, the

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United States agrees to forego any further action against the defendant real property based on the

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facts alleged in the Verified Complaint. Within fourteen days of payment of the sub res, the

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United States will send a Withdrawal of Lis Pendens to the Fresno County Recorder.

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5.

Additionally, upon payment of the sub res, the United States agrees to forego any

further action against the defendant vehicle.1
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That plaintiff United States of America and its servants, agents, and employees,

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and all other public entities, their servants, agents, and employees, are released from any and all

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liability arising out of or in any way connected with the posting, seizure, arrest, or forfeiture of

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the defendant real property, defendant vehicle, and defendant currency. This is a full and final

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release applying to all unknown and unanticipated injuries, and/or damages arising out of said

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seizure, arrest, or forfeiture, as well as to those now known or disclosed. The parties waived the

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provisions of California Civil Code § 1542.

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7.

Claimant Renatta Carter-Ford shall maintain the defendant real property in the

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same condition and repair as existed as of the date of the posting, normal wear and tear expected,

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until she has paid the sub res of $50,000.00 to the United States. The term "maintain" shall

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include where applicable, but is not limited to, keeping the property free of hazard and structural

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defects; keeping all heating, air conditioning, plumbing, electrical, gas, oil, or other power

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facilities in good working condition and repair; keeping the property clean and performing such

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necessary sanitation and waste removal; keeping the property in good condition by providing for

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lawn and yard maintenance; and other ordinary and necessary items of routine maintenance.

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8.

Until Claimant Renatta Carter-Ford has paid the sub res of $50,000.00 to the

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United States, Claimant Renatta Carter-Ford shall maintain any and all loan payments and

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insurance policies currently in effect with respect to the defendant real property, including

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Claimant Renatta Carter-Ford is already in possession of the defendant vehicle. See
Stipulation and Order for Hardship Release entered July 16, 2010. (Docket No. 29)
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Final Judgment of Forfeiture

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policies covering liability to persons injured on said property and for property damage to the

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defendant real property. Claimant Renatta Carter-Ford shall arrange for the inclusion of a rider

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to all of the above-mentioned policies naming the U.S. Marshals Service as the secondary

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beneficiary of the insurance policy.

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9.

Until Claimant Renatta Carter-Ford has paid the sub res of $50,000.00 set forth

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herein, Claimant Renatta Carter-Ford shall allow the U.S. Marshals Service personnel, or its

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agent, the right to enter and inspect the defendant real property and all buildings thereon on a

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monthly basis upon 24 hours written notice, which written notice includes, but is not limited to,

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email notice.

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10.

Until Claimant Renatta Carter-Ford has paid the sub res of $50,000.00 in full to

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the United States, Claimant Renatta Carter-Ford shall not convey, transfer, encumber, lien, or

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otherwise pledge the defendant real property without the prior, written approval of the United

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States. If the United States is satisfied that it will be paid in full, then it will provide written

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consent to Ms. Carter-Ford to encumber or pledge the defendant real property.

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6.

That pursuant to the stipulation of the parties, and the allegations set forth in the

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Complaints filed on or about June 10, 2009 and November 9, 2009, the Court finds that there

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was reasonable cause for the posting, seizure, and arrest of the defendant real property, defendant

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vehicle, and defendant currency, and for the commencement and prosecution of this forfeiture

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action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered

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accordingly.

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7.

All parties shall bear their own costs and attorneys’ fees.

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8.

The Court shall maintain jurisdiction to enforce the terms of this Final Judgment

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of Forfeiture.
IT SO ORDERED....
Date: September 20, 2011

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/s/ OLIVER W. WANGER
OLIVER W. WANGER
United States District Judge
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Final Judgment of Forfeiture

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CERTIFICATE OF REASONABLE CAUSE
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Based upon the allegations set forth in the Complaints for Forfeiture In Rem filed June
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10, 2009 and November 9, 2009, and the Stipulation for Final Judgment of Forfeiture filed
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herein, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that
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there was reasonable cause for the posting, seizure, or arrest of the defendant real property,
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defendant vehicle, and defendant currency, and for the commencement and prosecution of this
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forfeiture action.
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Dated: September 22, 2011
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/s/ OLIVER W. WANGER
OLIVER W. WANGER
United States District Judge

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Final Judgment of Forfeiture