USA v. 2007 Chevrolet Silverado Pickup Truck,

Filing 21

FINAL JUDGMENT of FORFEITURE signed by Judge Oliver W. Wanger on 7/13/2010. CASE CLOSED. (Bradley, A)

USA v. 2007 Chevrolet Silverado Pickup Truck,

Doc. 21

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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,

) 1:09-CV-01550-OWW-GSA ) Plaintiff, ) FINAL JUDGMENT OF FORFEITURE ) v. ) ) 2007 CHEVROLET SILVERADO ) PICKUP TRUCK, ) VIN:2GCEC13C381336170, ) CALIFORNIA LICENSE NO. 8R62926, ) ) Defendant. ) _____________________________________) Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 1. This is a civil forfeiture action against defendant 2007 Chevrolet Silverado Pickup

Truck, VIN: 2GCEC13C381336170, California License No. 8R62926 (hereafter "defendant vehicle"). 2. A Verified Complaint for Forfeiture In Rem was filed on September 1, 2009, seeking

the forfeiture of the defendant vehicle, alleging said vehicle is subject to forfeiture to the United States of America pursuant to 21 U.S.C. § 881(a)(6) because the defendant vehicle constitutes moneys or other things of value furnished or intended to be furnished in exchange for a controlled substance or listed chemical, all proceeds traceable to such an exchange and/or was used or intended to be used to facilitate one or more violations of 21 U.S.C. § 841 et seq. /// 1
FINAL JUDGMENT OF FORFEITURE

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3.

On September 14, 2009, in accordance with said Complaint, a Warrant for Arrest of

Articles In Rem for the defendant vehicle was issued and duly executed on October 27, 2009. 4. Beginning on September 16, 2009, for at least 30 consecutive days, the United States

published notice of the forfeiture action on the official internet government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on November 16, 2009. 5. In addition to the public notice of forfeiture having been completed, actual notice was

personally served upon potential claimant Frank Bertao and his business Full Throttle Suspension. To date no 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. 6. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against Full

Throttle Suspension on December 7, 2009. Pursuant to Local Rule 540, the United States and potential claimant Frank Bertao thus join in a request that as part of the Final Judgment of Forfeiture in this case the Court enter a default judgment against the interests if any, of Full Throttle Suspension. 7. Potential claimant Frank Bertao represents and warrants that he is the sole owner of

the defendant vehicle. 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 Frank Bertao, Full Throttle Suspension, and all

other potential claimants who have not filed claims in this action. 3. Upon entry of a Final Judgment of Forfeiture, the defendant vehicle, shall be forfeited

to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 4. Plaintiff United States of America and its servants, agents, and employees, and all

other public entities, their servants, agents, and employees, are released from any and all liability arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 2
FINAL JUDGMENT OF FORFEITURE

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damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. The parties waive the provisions of California Civil Code § 1542. 5. There was reasonable cause for the seizure and arrest of the defendant vehicle, and

the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 6. All parties shall bear their own costs and attorneys' fees.

SO ORDERED THIS 13th day of July, 2010.

/s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE

CERTIFICATE OF REASONABLE CAUSE 12 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed September 13 1, 2009, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 14 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 15 the seizure and arrest of the defendant vehicle. 16 17 18 Dated: July 13, 2010 19 20 21 22 23 24 25 26 27 28 3
FINAL JUDGMENT OF FORFEITURE

/s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE