United States of America v. Approximately $7,624.85 in U.S. Currency et al

Filing 29

FINAL JUDGMENT of FORFEITURE, signed by District Judge Anthony W. Ishii on 6/21/13. (Hellings, J)

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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
Telephone: [phone]
Facsimile: [phone]

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Attorneys for 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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UNITED STATES OF AMERICA,

) 1:11-CV-01937-AWI-SAB
)
Plaintiff,
) FINAL JUDGMENT OF
) FORFEITURE
v.
)
)
)
APPROXIMATELY $7,624.85 IN U.S. )
CURRENCY,
)
)
APPROXIMATELY $6,099.37 IN U.S. )
CURRENCY SEIZED FROM
)
RIVER CITY BANK
)
ACCOUNT NUMBER 1810009790,
)
and
)
)
APPROXIMATELY $17,316.20 IN
)
U.S CURRENCY SEIZED FROM
)
WELLS FARGO BANK
)
ACCOUNT NUMBER 8123978010,
)
)
Defendants.
)
____________________________________ )
Pursuant to the Stipulation for Final Judgment of Forfeiture filed June 14,
2013, the Court finds:
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This is a civil forfeiture action against Approximately $7,624.85 in

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U.S. Currency, approximately $6,099.37 in U.S. Currency seized from River City

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Bank account number 1810009790, and approximately $17,316.20 in U.S. Currency

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seized from Wells Fargo Bank account number 8123978010 (hereafter collectively
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Final Judgment of Forfeiture

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“defendant funds”).
2.

A Verified Complaint for Forfeiture In Rem was November 18, 2011,

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alleging 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 December 15, 2011, the Clerk 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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December 22, 2011.

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4.

Beginning on December 20, 2011, for at least 30 consecutive days, the

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

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

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September 10, 2012.

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5.

In addition to 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.

Sara Herrin

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b.

Daniel Herrin

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c.

Jana Evans

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d.

Nancy Smith

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e.

Today’s Health Collective c/o Sara Herrin

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6.

On February 6, 2012, Sara Herrin, Jana Evans, and Nancy Smith each

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filed a Verified Claim to the defendant funds. On February 8, 2012, Sara Herrin,

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Jana Evans, and Nancy Smith each filed an Answer to the Verified Complaint for

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Forfeiture In Rem.

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7.

Claimants Sara Herrin, Jana Evans, and Nancy Smith state that they

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are the sole owners of the defendant funds and have authority to enter into this

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agreement.

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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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Final Judgment of Forfeiture

Based on the above findings, and the files and records of the Court, it is

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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.
2.

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That judgment is hereby entered against Claimants Sara Herrin, Jana

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Evans, and Nancy Smith, and all other potential claimants who have not filed

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claims in this action.
3.

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Upon entry of a Final Judgment of Forfeiture herein $13,724.22 in

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U.S. Currency of the defendant funds, together with any interest that may have

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accrued on the full amount of the defendant funds, shall be forfeited to the United

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States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law.
4.

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Within 60 days of entry of a Final Judgment of Forfeiture, $17,316.20

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of the defendant funds, shall be returned to Claimants via their counsel of record,

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Ms. Carrie Hagin, at 506 Broadway St., San Francisco, CA 94133.
5.

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That plaintiff 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 funds. 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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said 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.
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 or about November 18, 2011, the Court finds that

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

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for the 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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///
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Final Judgment of Forfeiture

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7.

Pursuant to the Stipulation for Final Judgment of Forfeiture entered

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into between the parties, no party “substantially prevailed” within the meaning of

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28 U.S.C. § 2465. All parties shall bear their own costs and attorneys’ fees.

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8.

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

Judgment of Forfeiture.
CERTIFICATE OF REASONABLE CAUSE

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Based upon the allegations set forth in the Complaint for Forfeiture In Rem

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filed November 18, 2011, and the Stipulation for Final Judgment of Forfeiture filed

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June 14, 2013, 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

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defendant funds, and for the commencement and prosecution of this forfeiture

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action.

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IT IS SO ORDERED.

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Dated:
0m8i78

June 21, 2013
SENIOR DISTRICT JUDGE

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Final Judgment of Forfeiture