USA v. Approximately $423,600.00 seized from Mission Bank

Filing 31

FINAL JUDGMENT OF FORFEITURE signed by District Judge Lawrence J. O'Neill on 8/1/2014. CASE CLOSED. (Lundstrom, T)

5

BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] Telephone
[phone] Facsimile

6

Attorneys for the United States

1
2
3
4

7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

UNITED STATES OF AMERICA,

) 1:12-CV-01977-LJO-SKO
)
Plaintiff,
) FINAL JUDGMENT OF FORFEITURE
)
v.
)
)
APPROXIMATELY $423,600.00 SEIZED )
FROM MISSION BANK ACCOUNT
)
NUMBER 1006675, HELD IN THE
)
NAME OF MIKE SEGUINE dba MIKE’S )
COIN & STAMP,
)
)
Defendant.
)

18

Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

19

1.

This is a civil forfeiture action against defendant approximately $423,600.00

20

seized from Mission Bank account number 1006675, held in the name of Mike Seguine dba

21

Mike’s Coin & Stamp (hereafter “defendant funds”), seized on or about July 19, 2012.
2.

22

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on

23

December 3, 2012, alleging that said defendant funds are subject to forfeiture to the United

24

States of America pursuant to 18 U.S.C. §§ 981(a)(1)(A), 984, and 31 U.S.C. § 5317(c)(2).
3.

25

On December 10, 2012, the Clerk issued a Warrant for Arrest for the

26

defendant funds. The warrant for the defendant funds was duly executed on December 19,

27

2012.

28

4.

Beginning on December 11, 2012, for at least 30 consecutive days, the United

29
1

Final Judgment of Forfeiture

1

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

2

www.forfeiture.gov.

3

5.

In addition to the public notice on the official internet government forfeiture

4

site www.forfeiture.gov, actual notice or attempted notice was given to the following

5

individuals:

6

a. Michael Seguine

7

b. Cathy Seguine

8

c. Mike’s Coin & Stamp c/o Michael Seguine

9

d. Michael P. Mears, attorney

10

6.

On January 9, 2013, Michael Seguine and Cathy Seguine (“Claimants”) filed

11

claims and on January 29, 2013, filed an Answer. To date, no other parties have filed

12

claims or answers in this matter, and the time in which any person or entity may file a

13

claim and answer has expired.

14
15
16
17
18
19
20

Based on the above findings, and the files and records of the Court, it is hereby
ORDERED AND ADJUDGED:
1.

The Court adopts the Stipulation for Final Judgment of Forfeiture entered into

by and between the parties to this action.
2.

That judgment is hereby entered against Michael Seguine, Cathy Seguine,

Mike’s Coin & Stamp, and all other potential claimants.
3.

Upon entry of a Final Judgment of Forfeiture here, $304,992.00 of the

21

defendant funds, together with any interest that has accrued on the entire amount of

22

defendant funds, shall be forfeited to the United States pursuant to 18 U.S.C. §§

23

981(a)(1)(C), 984, and 31 U.S.C. § 5317(c)(2), to be disposed of according to law.

24

4.

Upon entry of a Final Judgment of Forfeiture herein, but no later than 90 days

25

after the court issues the Final Judgment of Forfeiture or 90 days after Claimants have

26

provided the necessary electronic funds transfer paperwork – whichever is later,

27

$118,608.00 of the defendant funds shall be returned to Claimants through their attorney

28

Kenneth M. Barish, at Kajan, Mather & Barish, 9777 Wilshire Blvd., Suite 805, Beverly

29
2

Final Judgment of Forfeiture

1
2

Hills, California, telephone [phone].
5.

That the United States of America and its servants, agents, and employees

3

and all other public entities, their servants, agents, and employees, are released from any

4

and all liability arising out of or in any way connected with the seizure, arrest, or forfeiture

5

of the defendant funds. This is a full and final release applying to all unknown and

6

unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as

7

well as to those now known or disclosed. The parties to this agreement agree to waive the

8

provisions of California Civil Code § 1542.

9

6.

That pursuant to the stipulation of the parties, and the allegations set forth in

10

the Complaint filed on December 3, 2012, the Court finds that there was probable cause for

11

arrest and seizure of the defendant funds, and for the commencement and prosecution of

12

this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465

13

shall be entered accordingly.

14

7.

All parties are to bear their own costs and attorney’s fees.

15

8.

The U.S. District Court for the Eastern District of California shall retain

16

jurisdiction to enforce the terms of this Final Judgment of Forfeiture.

17

SO ORDERED
Dated: August 1, 2014

18

/s/ Lawrence J. O’Neill
United States District Judge

19
20
21
22
23
24
25

CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint filed December 3, 2012, and
the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this
Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable
cause for the seizure or arrest of the defendant funds, and for the commencement and
prosecution of this forfeiture action.

26
27
28
29

SO ORDERED
Dated: August 1, 2014
/s/ Lawrence J. O’Neill
United States District Judge
3

Final Judgment of Forfeiture