United States of America v. Approximately $14,180.33 in U.S. Currency Seized From Wells Fargo Bank Account No. 586583378, Held In The Name of Yong Tae Kim et al

Filing 25

FINAL JUDGMENT of FORFEITURE, signed by District Judge Anthony W. Ishii on 4/10/14. (Hellings, J)

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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
United States of America

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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FINAL JUDGMENT OF FORFEITURE

v.

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CASE NO. 1:10-CV-01356-AWI-SKO

APPROXIMATELY $14,180.33 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NO.
586583378, HELD IN THE NAME OF
YONG TAE KIM, and
APPROXIMATELY $5,945.59 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NO.
2628728095, HELD IN THE NAME OF
YONG TAE KIM,
Defendants.

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

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1. This is a civil forfeiture action against defendant approximately $14,180.33 in

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U.S. Currency seized from Wells Fargo Bank account number 586583378, and

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defendant approximately $5,945.59 in U.S. Currency seized from Wells Fargo

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Bank account number 2628728083 (hereafter “defendant funds”).

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2. A Verified Complaint for Forfeiture In Rem was filed on July 28, 2010, alleging
Final Judgment of Forfeiture

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that said defendant funds are subject to forfeiture to the United States of

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America pursuant to 21 U.S.C. §881(a)(6).

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3. On August 4, 2010, the Clerk of the Court issued a Warrant for Arrest for the

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defendant funds. The warrant for the defendant funds was duly executed on

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August 11, 2010.

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4. Beginning on August 4, 2010, for at least 30 consecutive days, the United States

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published notice of this action on the official government forfeiture site

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www.forfeiture.gov. A Declaration of Publication was filed with the Court on

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October 14, 2010.

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

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www.forfeiture.gov, actual notice or attempted notice was given to the following

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individuals:

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a.

Yong Tae Kim

6. On September 8, 2010, Yong Tae Kim filed a Verified Claim to the defendant

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funds. On September 29, 2010, Yong Tae Kim filed his Answer to the Verified

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Complaint for Forfeiture In Rem.

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7. Claimant Yong Tae Kim states that he is the sole owner of the defendant funds
and has authority to enter into this agreement.
8. 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 ORDERED

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AND ADJUDGED:

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1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by
and between the parties to this action.
2. That judgment is hereby entered against Claimant Yong Tae Kim and all other
potential claimants who have not filed claims in this action.

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3. Upon entry of a Final Judgment of Forfeiture herein, $14,180.33 in U.S. Currency of

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the defendant funds, together with any interest that may have accrued on the full
Final Judgment of Forfeiture

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amount of the defendant funds, shall be forfeited to the United States pursuant to

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21 U.S.C. § 881(a)(6), to be disposed of according to law.

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4. Within 60 days from the full execution of the Stipulation and after sentencing in the

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related criminal action United States v. Yong Tae Kim, et al., 1:10-CR-00080-AWI,

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whichever is later, $5,945.59 of the defendant funds shall be returned to Claimant

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via his counsel of record, Eric D. Shevin, Esq., Law Offices of Eric D. Shevin, 15260

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Ventura Blvd., Suite 1050, Sherman Oaks, CA 91403 Tel. [phone].

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5. 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

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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 funds. This is a full and final release applying

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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

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parties waived the provisions of California Civil Code § 1542.

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

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Complaint filed on or about July 28, 2010, the Court finds that there was

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reasonable cause for the seizure and arrest of the defendant funds, and for the

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commencement and prosecution of this forfeiture action, and a Certificate of

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Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly.

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7. Pursuant to the Stipulation for Final Judgment of Forfeiture entered into between

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the parties, no party “substantially prevailed” within the meaning of 28 U.S.C. §

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2465. All parties shall bear their own costs and attorney’s fees.

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8.

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Judgment of Forfeiture.

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

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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 Complaint for Forfeiture In Rem filed

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July 28, 2010, and the Stipulation for Final Judgment of Forfeiture filed herewith, this

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Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there

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was reasonable cause for the seizure or arrest of the defendant funds, and for the

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commencement and prosecution of this forfeiture.

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IT IS SO ORDERED.
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Dated: April 10, 2014
SENIOR DISTRICT JUDGE

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Final Judgment of Forfeiture

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