USA v. Approximately $25,665.00 in U.S. Currency
Filing
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FINAL JUDGMENT of FORFEITURE, signed by Chief Judge Anthony W. Ishii on 10/7/11. (Hellings, J)
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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant U.S. Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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) 1:10-CV-01318-AWI-GSA
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Plaintiff,
) FINAL JUDGMENT OF FORFEITURE
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v.
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APPROXIMATELY $25,665.00 IN U.S. )
CURRENCY,
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Defendant.
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_____________________________________)
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Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:
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1.
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UNITED STATES OF AMERICA,
This is a civil forfeiture action against the defendant approximately
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$25,665.00 in U.S. Currency (hereafter “defendant currency”) seized on or about
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February 4, 2010.
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2.
A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on
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July 21, 2010, alleging that said defendant currency is subject to forfeiture to the
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United States of America pursuant to 21 U.S.C. § 881(a)(6).
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3.
On September 21, 2010, the Clerk issued a Warrant for Arrest for the
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defendant currency. The warrant for the defendant currency was duly executed on
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September 30, 2010.
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4.
Beginning on August 29, 2010, for at least 30 consecutive days, the
United States published notice of this action on the official government forfeiture
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Final Judgment of Forfeiture
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site www.forfeiture.gov. A Declaration of Publication was filed on October 1, 2010.
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In addition to the public notice on the official internet government
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forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to
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the following individuals:
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a.
Inpanh Chanthavongsa
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b.
Savean Suon
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c.
Julius Cruz, attorney
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d.
Sosi Vogt, attorney
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6.
Inpanh Chanthavongsa and Savean Suon each filed claims and
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answers in this action. Besides claimants, no other parties have filed claims or
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answers in this matter, and the time in which any person or entity may file a claim
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and answer has expired.
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Based on the above findings, and the files and records of the Court, it is
hereby ORDERED AND ADJUDGED:
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Upon entry of this Final Judgment of Forfeiture, $22,456.88 of the
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defendant approximately $25,665.00 in U.S. Currency, together with any interest
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that has accrued on the entire $25,665.00, shall be forfeited to the United States
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pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law.
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2.
Upon entry of this Final Judgment of Forfeiture, but no later than 45
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days thereafter, $3,208.12 of the defendant approximately $25,665.00 in U.S.
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Currency shall be returned to claimants Inpanh Chanthavongsa and Savean Suon
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through their attorneys Julius Cruz and Sosi Vogt, 2150 Tulare Street, First Floor,
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Fresno, California 93721, (559) 266-9800.
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3.
The 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
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from any and all liability arising out of or in any way connected with the seizure,
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arrest, or forfeiture of the defendant currency. This is a full and final release
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applying to all unknown and unanticipated injuries, and/or damages arising out of
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Final Judgment of Forfeiture
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said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The
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parties to this agreement agree to waive the provisions of California Civil Code §
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1542.
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4.
That pursuant to the stipulation of the parties, and the allegations set
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for the Complaint filed on July 21, 2011, the Court finds that there was reasonable
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cause for arrest and seizure of the defendant currency, and for the commencement
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and prosecution of this forfeiture action, and a Certificate of Reasonable Cause
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pursuant to 28 U.S.C. § 2465 shall be entered accordingly.
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5.
All parties are to bear their own costs and attorneys fees.
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6.
The U.S. District Court for the Eastern District of California, Hon.
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Anthony W. Ishii, Chief District Judge, shall retain jurisdiction to enforce the terms
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of this Final Judgment of Forfeiture.
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CERTIFICATE OF REASONABLE CAUSE
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Based upon the allegations set forth in the Complaint filed July 21, 2011, and
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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
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reasonable cause for the seizure or arrest of the defendant currency, and for the
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commencement and prosecution of this forfeiture action.
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IT IS SO ORDERED.
Dated:
0m8i78
October 7, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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Final Judgment of Forfeiture
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