United States of America v. Approximately $10,703.71 in U.S. Currency Seized From Bank of The Sierra Account Number 1420468170 et al

Filing 4

ORDER FOR PUBLICATION signed by Magistrate Judge Sheila K. Oberto on 3/29/2012. (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 $10,703.71 IN )
U.S. CURRENCY SEIZED FROM
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BANK OF THE SIERRA ACCOUNT )
NUMBER 1420468170, and
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APPROXIMATELY $118.91 IN U.S. )
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-00396-LJO-SKO
APPLICATION AND ORDER FOR
PUBLICATION

The United States of America, Plaintiff herein, applies for an order of
publication as follows:
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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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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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Application and Order for Publication

3.

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The defendant approximately $10,703.71 in U.S. currency was seized

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on October 4, 2011, from the Bank of Sierra branch located in Fresno, California at

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5775 East Kings Canyon Road; the defendant approximately $118.91 in U.S.

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currency was seized on October 4, 2011, from the Union Bank branch located in

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Fresno, California at 5669 E. Kings Canyon Road (hereafter collectively “ defendant

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funds”). The defendant funds are in the custody of the U.S. Department of

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Treasury, Internal Revenue Service, Eastern District of California.
4.

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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.

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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
(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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///

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///

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///
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Application and Order for Publication

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be entered and condemnation ordered.

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Dated: March 29 ,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.
Dated:
cc0hp0

March 29, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Application and Order for Publication