United States of America v. Approximately $35,900.00 in U.S. Currency et al

Filing 7

APPLICATION and ORDER for publication, signed by Magistrate Judge Sheila K. Oberto on 3/5/2012. (Timken, 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
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,

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Plaintiff,
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v.
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APPROXIMATELY $35,900.00 IN )
U.S. CURRENCY,
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APPROXIMATELY $5,500.00 IN
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U.S. CURRENCY,
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APPROXIMATELY $3,125.00 IN
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U.S. CURRENCY, and
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APPROXIMATELY $5,772.08 IN US. )
CURRENCY SEIZED FROM
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UNION BANK ACCOUNT
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NUMBER 1540018207,
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Defendants.
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__________________________________ )

1:12-CV-00254-LJO-SKO
APPLICATION AND ORDER FOR
PUBLICATION

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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circulation or on the official internet government forfeiture site;
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Application and Order for Publication

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2.

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

shall designate by order the appropriate newspaper or other vehicle for publication;
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The defendant approximately $35,900.00 in U.S. currency was seized

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on October 4, 2011, at 3100 Fowler Avenue in Clovis, California 93611; the

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defendant approximately $5,500.00 in U.S. currency was seized on October 4, 2011,

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at 2675 Shirley Avenue in Clovis, California 93611; and the defendant

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approximately $3,125.000 in U.S. currency was seized on October 4, 2011, at16906

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N. Friant Road in Friant, California 93626 (hereafter collectively “defendant

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currency”). The defendant approximately $5,772.08 in U.S. currency seized from

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Union Bank account number 1540018207 (hereafter “defendant funds”) were seized

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on October 6, 2011, from the Union Bank branch located in Clovis, California. The

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defendant currency and defendant funds are in the custody of the U.S. Marshals

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Service, Eastern District of California.

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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;

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or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the

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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
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Application and Order for Publication

(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: March 5 ,2012

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:
ie14hj

March 5, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Application and Order for Publication