United States of America v. Approximately $4,967.00 in U.S. Currency
Filing
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FINAL JUDGMENT OF FORFEITURE signed by District Judge Lawrence J. O'Neill on 11/14/2011. (Kusamura, W)
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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant U.S. 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 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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) 1:11-CV-01514-LJO-GSA
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Plaintiff,
) FINAL JUDGMENT OF FORFEITURE
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v.
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APPROXIMATELY $4,967.00 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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$4,967.00 in U.S. Currency (hereafter “defendant currency”) seized on or about
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February 24, 2011.
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2.
A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on
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September 7, 2011, alleging that said defendant currency is subject to forfeiture to
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the United States of America pursuant to 21 U.S.C. § 881(a)(6).
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3.
On September 9, 2011, 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 14, 2011.
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4.
Beginning on September 13, 2011, 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 20, 2011.
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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 is required to
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all known potential claimants. Raul Ortega Corona and Erminia Corona are the
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only known potential claimants, and, by execution of the Stipulation for Final
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Judgment of Forfeiture filed concurrently herewith this Final Judgment of
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Forfeiture, have waived their right to notice.
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6.
No 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.
Based on the above findings, and the files and records of the Court, it is
hereby ORDERED AND ADJUDGED:
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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 potential claimants Raul
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Ortega Corona, Erminia Corona, and all other potential claimants who have not
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filed claims in this action.
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3.
Upon entry of this Final Judgment of Forfeiture, $1,500.00 of the
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defendant approximately $4,967.00 in U.S. Currency, together with any interest
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that has accrued on the entire $4,967.00, 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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4.
Upon entry of this Final Judgment of Forfeiture, but no later than 45
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days thereafter, $3,467.00 of the defendant approximately $4,967.00 in U.S.
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Currency shall be returned to potential claimant Raul Ortega Corona and Erminia
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Corona, 9850 Bace Avenue, Bakersfield, California 93307.
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5.
That the United States of America and its servants, agents, and
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employees and all other public entities, their servants, agents, and employees, are
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released from any and all liability arising out of or in any way connected with the
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seizure, arrest, or forfeiture of the defendant currency. This is a full and final
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Final Judgment of Forfeiture
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release applying to all unknown and unanticipated injuries, and/or damages arising
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out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed.
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The parties waived the provisions of California Civil Code § 1542.
6.
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That pursuant to the stipulation of the parties, and the allegations set
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forth in the Complaint filed on September 7, 2011, the Court finds that there was
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reasonable cause for arrest and seizure of the defendant currency, 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.
All parties are to bear their own costs and attorneys fees.
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8.
The U.S. District Court for the Eastern District of California, Hon.
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Lawrence J. O’Neill, District Judge, shall retain jurisdiction to enforce the terms of
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this Final Judgment of Forfeiture.
SO ORDERED THIS 14th day of November, 2011.
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/s/
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 filed September 7,
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2011, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court
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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 currency, and for the
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commencement and prosecution of this forfeiture action.
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IT IS SO ORDERED.
Dated:
66h44d
November 14, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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Final Judgment of Forfeiture
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