United States of America v. Approximately $188,207.24 in U.S. Currency Seized From Wells Fargo Bank Account No. 2012381455
Filing
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FINAL JUDGMENT OF FORFEITURE/ORDER, signed by District Judge Lawrence J. O'Neill on 07/21/2011. CASE CLOSED (Martin-Gill, S)
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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: (559) 497-4000
Facsimile: (559) 497-4099
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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-01390-LJO-SMS
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Plaintiff,
) FINAL JUDGMENT OF FORFEITURE
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v.
)
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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APPROXIMATELY $188,207.24 IN U.S. )
CURRENCY SEIZED FROM WELLS
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FARGO BANK ACCOUNT NO.
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2012381455, HELD IN THE NAME OF
)
NOEL CASTILLO AND DENICE MARIE )
HECTOR, and
)
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APPROXIMATELY $199,832.00 IN U.S. )
CURRENCY SEIZED FROM BANK OF
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THE WEST SAFE DEPOSIT BOX NO.
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200608, HELD IN THE NAME OF
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DENICE MARIE HECTOR,
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Defendant.
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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 defendant approximately $188,207.24 in U.S.
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Currency seized from Wells Fargo Bank Account No. 2012381455, held in the name of Noel Castillo
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and Denice Marie Hector, and approximately $199,832.00 in U.S. Currency seized from Bank of the
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Final Judgment of Forfeiture
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West Safe Deposit Box No. 200608, held in the name of Denice Marie Hector (hereafter “defendant
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funds”).
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2.
A Verified Complaint for Forfeiture In Rem was filed on August 6, 2009, alleging that
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said defendant funds are subject to forfeiture to the United States of America pursuant to 21 U.S.C.
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§ 881(a)(6).
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3.
which was duly executed on August 20, 2009.
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4.
Beginning on August 22, 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 December 1, 2009.
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On August 12, 2009, the Clerk issued a Warrant for Arrest for the defendant funds,
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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. Noel Castillo
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b. Denice Marie Hector
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6.
Claimants Noel Castillo and Denice Marie Hector state that they are the sole owners
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of the defendant funds seized from the Wells Fargo bank account and have sole authority to enter
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into this agreement. Claimant Denice Marie Hector states that she is the sole owner of the defendant
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funds seized from the Bank of the West Safe Deposit Box and has authority to enter into this
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agreement. Claimant Noel Castillo acknowledges that he has made no claim to the approximately
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$199,832.00 in U.S. Currency seized from Bank of the West Safe Deposit Box No. 200608, held in
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the name of Denice Marie Hector, together with any interest that may have accrued on that amount,
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and is not entitled to return on any of the seized currency from the Bank of the West Safe Deposit
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Box.
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7.
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.
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Based on the above findings, and the files and records of the Court, it is hereby
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Final Judgment of Forfeiture
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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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That judgment is hereby entered against Claimants Noel Castillo, Denice Marie
Hector, and all other potential claimants who have not filed claims in this action.
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Upon entry of a Final Judgment of Forfeiture herein, the defendant approximately
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$188,207.24 in U.S. Currency seized from Wells Fargo Bank Account No. 2012381455, held in the
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name of Noel Castillo and Denice Marie Hector, together with any interest that may have accrued
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on that amount, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be
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disposed of according to law.
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Within 45 days of entry of a Final Judgment of Forfeiture, $72,000.00 of the
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defendant $199,832.00 in U.S. Currency seized from Bank of the West Safe Deposit Box No.
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200608, held in the name of Denice Marie Hector, shall be divided equally with $36,000.00 of the
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$72,000.00 being deposited into (1) the Denice Hector Trust for the Education of Diego Castillo; and
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(2) the Denice Hector Trust for the Education of Manuel Castillo. This Court ORDERS that the
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funds for the minor be placed in a blocked account for the minor’s benefit in an appropriate financial
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institution and that the minor’s funds shall not be withdrawn until the minor reaches age 18 or as
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otherwise ordered by this Court. Trustee Denice Marie Hector, or her counsel of record, shall have
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the financial institution into which the funds are deposited sign a “Receipt of Depository,” in an
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appropriate pleading form, acknowledging the receipt of the funds and this Court order. Counsel
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shall file the “Receipt of Depository” with the clerk of the Court. The remaining $127,832.00 seized
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from the Bank of the West Safe Deposit Box No. 200608, held in the name of Denice Marie Hector,
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together with any interest that may have accrued on that amount, shall be forfeited to the United
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States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. Claimant Noel Castillo
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acknowledges that he has made no claim to the approximately $199,832.00 in U.S. Currency seized
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from Bank of the West Safe Deposit Box No. 200608, held in the name of Denice Marie Hector,
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together with any interest that may have accrued on that amount, and is not entitled to return on any
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of the seized currency from the Bank of the West Safe Deposit Box.
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Final Judgment of Forfeiture
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That plaintiff United States of America and its servants, agents, and employees, and
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all other public entities, their servants, agents, and employees, are released from any and all liability
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arising out of or in any way connected with the seizure, arrest, or forfeiture of the defendant funds.
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This is a full and final release applying to all unknown and unanticipated injuries, and/or damages
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arising out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The
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parties waived the provisions of California Civil Code § 1542.
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That pursuant to the stipulation of the parties, and the allegations set forth in the
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Complaint filed on or about August 6, 2009, the Court finds that there was reasonable cause for the
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seizure and arrest of the defendant funds, and for the commencement and prosecution of this
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forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be
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entered 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 of
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Forfeiture.
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SO ORDERED THIS 21
day of
July
, 2011.
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/s/ Lawrence J. O’Neill
LAWRENCE J. O’NEILL
United States District Judge
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CERTIFICATE OF REASONABLE CAUSE
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Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed August 6,
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2009, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this
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Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for
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the seizure or arrest of the defendant funds, and for the commencement and prosecution of this
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forfeiture action.
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IT IS SO ORDERED.
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Dated:
b9ed48
July 21, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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Final Judgment of Forfeiture
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