United States v. Approximately $77,000.00 in U.S. Currency

Filing 90

FINAL JUDGMENT OF FORFEITURE signed by Magistrate Judge Gary S. Austin on 4/25/2014. CASE CLOSED. (Jessen, A)

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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] Telephone
[phone] Facsimile

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Attorneys for the United States

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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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v.

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APPROXIMATELY $77,000.00 IN U.S.
CURRENCY,

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Defendant.

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1:11-CV-01251-GSA
FINAL JUDGMENT OF FORFEITURE
ORDER DIRECTING THE CLERK OF
THE COURT TO CLOSE THIS CASE

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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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This is a civil forfeiture action against the defendant approximately $77,000.00

in U.S. Currency (hereafter “defendant currency”) seized on or about January 25, 2011.
2.

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A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on July 28,

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2011, alleging that said defendant currency is subject to forfeiture to the United States of

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America pursuant to 21 U.S.C. § 881(a)(6).
3.

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On August 2, 2011, the Clerk issued a Warrant for Arrest for the defendant

currency. The warrant for the defendant currency was duly executed on August 9, 2011.
4.

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Beginning on August 3, 2011, for at least 30 consecutive days, the United

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States published notice of this action on the official government forfeiture site

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www.forfeiture.gov.

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///

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Final Judgment of Forfeiture

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5.

In addition to the public notice on the official internet government forfeiture

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

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individuals:

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a. Felix Velasco

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b. Jorge Luis Tostado Delgado

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c. Edward M. Burch, attorney

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On August 15, 2011, Felix Velasco filed a Verified Claim of Felix Velasco

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Opposing Forfeiture and Answer of Felix Velasco to Government’s Complaint for Forfeiture

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In Rem.

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7.

No other parties have filed claims or answers in this matter, and the time in

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which any person or entity may file a claim and answer has expired. As such, the Clerk of

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the Court entered a Clerk’s Certificate of Entry of Default against Jorge Luis Tostado

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Delgado on April 19, 2013.

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8.

On January 18, 2013, Claimant filed a Motion to Dismiss for Lack of

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Jurisdiction. On January 25, 2013, the United States filed a Motion to Amend the

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Complaint to add the Verification signature page. On February 1, 2013, the United States

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filed its Opposition to the Motion to Dismiss. On February 22, 2013, Claimant filed his

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Opposition to the Motion to Amend. On February 28, 2013, the United States filed its Reply

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to the Opposition to the Motion to Amend. On March 1, 2013, Claimant filed his Reply to

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the Opposition to the Motion to Dismiss. On March 4, 2013, Claimant filed a Notice of

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Newly Discovered Pertinent Authority. On March 5, 2013, the United States filed an

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Objection to the Notice of Newly Discovered Pertinent Authority.

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9.

Prior to the resolution by the Court of the pending motions, on April 23, 2013,

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the parties file a Notice of Settlement, and on May 10, 2013, filed the Proposed Order for

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final Judgment of Forfeiture and the Stipulation for Final Judgment of Forfeiture.

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10.

Thereafter, and prior to the Court’s issuance of the Order for Final Judgment

of Forfeiture, Claimant died.
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On October 30, 2013, Claimant’s counsel filed a Suggestion of Death.

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Final Judgment of Forfeiture

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12.

Thereafter, on December 20, 2013, the Court issued its Order on the pending

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Motion to Dismiss and Motion to Amend, allowing the United States to file an Amended

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Complaint.

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13.

On December 20, 2013, the First Amended Verified Complaint was filed.

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14.

On December 31, 2013, the Clerk issued an Amended Warrant for Arrest for

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the defendant currency. The Amended Warrant was duly executed on January 6, 2014.
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Beginning on February 5, 2014, for at least 30 consecutive days, the United

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States published notice of the amended action on the official government forfeiture site

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www.forfeiture.gov. The Declaration of Publication was filed on March 7, 2014.

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16.

Service of the Amended Complaint and Amended Warrant for Arrest of

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Articles In Rem was effectuated on potential claimant Jorge Luis Tostado Delgado. No

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claim was filed by or on behalf of Jorge Luis Tostado Delgado. The Clerk of the Court

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entered a Clerk’s Certificate of Entry of Default against Jorge Luis Tostado Delgado on

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March 12, 2014. The United States and Claimant also join in a request that as part of the

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Final Judgment of Forfeiture in this case the Court thereafter enter a default judgment

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against the interest, if any, of Jorge Luis Tostado Delgado.

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No other parties have filed claims or answers in this matter, and the time in

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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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 Felix Velasco, Jorge Luis Tostado

Delgado, and all other potential claimants.
3.

After entry by the Court of a Final Judgment of Forfeiture herein, $46,200.00

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of the defendant approximately $77,000.00 in U.S. Currency, together with any interest

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that has accrued on the entire $77,000.00, shall be forfeited to the United States pursuant

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

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Final Judgment of Forfeiture

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4.

After entry by the Court of a Final Judgment of Forfeiture herein, but no later

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than 60 days after Claimant has provided the necessary electronic funds transfer

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paperwork, $30,800.00 of the defendant approximately $77,000.00 in U.S. Currency shall be

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returned to Claimant, through his attorney of record, Edward M. Burch, Law Offices of

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David Michael, One Sansome Street, Suite 3500, San Francisco, California 94104,

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telephone [phone].

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That the parties and their servants, agents, and employees and all other public

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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

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currency. This is a full and final release applying to all unknown and unanticipated

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injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as well as to those

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now known or disclosed. The 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

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the Complaint filed on July 28, 2011, and the Amended Complaint filed on December 20,

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2013, the Court finds that there was probable cause for arrest and seizure of the defendant

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currency, and for the commencement and prosecution of this forfeiture action, and a

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

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7.

All parties are to bear their own costs and attorney’s fees.

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8.

The U.S. District Court for the Eastern District of California, Hon. Gary S.

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Austin, District Court Magistrate Judge, shall retain jurisdiction to enforce the terms of

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this Final Judgment of Forfeiture.

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9.

The Clerk of the Court is directed to close this case.

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SO ORDERED THIS 25 day of April, 2014.

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d

/s/ Gary S. Austin
GARY S. AUSTIN
United States Magistrate Judge

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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint filed July 28, 2011, the First

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Final Judgment of Forfeiture

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Amended Complaint filed December 20, 2013, and the Stipulation for Final Judgment of

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Forfeiture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28

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U.S.C. § 2465, that there was reasonable cause for the seizure or arrest of the defendant

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currency, and for the commencement and prosecution of this forfeiture action.

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IT IS SO ORDERED.
Dated:

April 25, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Final Judgment of Forfeiture