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

Filing 4

APPLICATION AND ORDER FOR PUBLICATION, signed by Magistrate Judge Dennis L. Beck on 12/14/2011. (Gaumnitz, R)

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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 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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UNITED STATES OF AMERICA,

)
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Plaintiff,
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v.
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APPROXIMATELY $7,624.85 IN
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U.S. CURRENCY,
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APPROXIMATELY $6,099.37 IN
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U.S. CURRENCY SEIZED FROM
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RIVER CITY BANK
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ACCOUNT NUMBER 1810009790, )
and
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APPROXIMATELY $17,316.20 IN )
U.S CURRENCY SEIZED FROM
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WELLS FARGO BANK
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ACCOUNT NUMBER 8123978010, )
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Defendants.
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__________________________________ )

1:11-CV-01937-AWI-DLB
APPLICATION AND ORDER FOR
PUBLICATION

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The United States of America, Plaintiff herein, applies for an order of
publication as follows:
1.

Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims

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and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the

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Plaintiff shall cause public notice of the action to be given in a newspaper of general
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Application and Order For Publication

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circulation or on the official internet government forfeiture site;
2.

Local Rule 171, Eastern District of California, provides that the Court

shall designate by order the appropriate newspaper or other vehicle for publication;
3.

The defendants approximately $7,624.85 in U.S. Currency (hereafter

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“defendant currency”), approximately $6,099.37 in U.S. Currency seized from River

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

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Currency seized from Wells Fargo Bank account number 8123978010 (hereafter

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collectively “defendant funds”), were seized on or about May 25, 2011, at 16044 Via

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Este Road in Sonora, California and 3020 Floyd Avenue in Modesto, California,

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respectively and are in the custody of the U.S. Marshals Service, Eastern District of

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California. The Drug Enforcement Administation published notice of the non-

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judicial forfeiture of the defendant funds on August 15, 22, and 29, 2011, in the

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Wall Street Journal. The Drug Enforcement Administration published notice of the

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non-judicial forfeiture of the defendant currency on August 29, September 5, and

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September 12, 2011, in the Wall Street Journal.

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4.

Plaintiff proposes that publication be made as follows:

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a.

One publication;

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b.

Thirty (30) consecutive days;

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c.

On the official internet government forfeiture site
www.forfeiture.gov;

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d.

The publication is to include the following:

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(1)

The Court and case number of the action;

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(2)

The date of the seizure/posting;

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(3)

The identity and/or description of the property

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(4)

The name and address of the attorney for the Plaintiff;

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(5)

A statement that claims of persons entitled to possession

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seized/posted;

or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the
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Application and Order For Publication

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Court and served on the attorney for the Plaintiff no later than 60 days after the

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first day of publication on the official internet government forfeiture site; and
(6)

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A statement that answers to the Complaint or a motion

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under Rule 12 of the Federal Rules of Civil Procedure must be filed and served

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within 21 days after the filing of the claims and, in the absence thereof, default may

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be entered and condemnation ordered.

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Dated: December 14, 2011

BENJAMIN B. WAGNER
United States Attorney

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/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney

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ORDER
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IT IS SO ORDERED.
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Dated:
3b142a

December 14, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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Application and Order For Publication