United States v. 2007 Ford F-150 Pickup Truck, License Number 7Z71142 et al

Filing 18

Final Judgment of Forfeiture, ORDER, signed by District Judge Anthony W. Ishii on 9/2/2014. CASE CLOSED.(Fahrney, E)

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1 BENJAMIN B. WAGNER United States Attorney 2 HEATHER MARDEL JONES 3 Assistant United States Attorney 2500 Tulare Street, Suite 4401 4 Fresno, CA 93721 Telephone: (559) 497-4000 5 Facsimile: (559) 497-4099 6 Attorneys for Plaintiff United States of America 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 14 15 CASE NO. 1:13-CV-00616-AWI-SKO FINAL JUDGMENT OF FORFEITURE v. 2007 FORD F-150 PICKUP TRUCK, VIN: 1FTPW12527KB31702, LICENSE NUMBER7Z71142, AND 18 APPROXIMATELY $7,908.60 IN U.S. CURRENCY SEIZED FROM UNION BANK OF CALIFORNIA ACCOUNT NUMBER 4801657364, 19 Defendants. 16 17 20 21 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 22 1. This is a civil action against a 2007 Ford F-150 Pickup Truck, VIN: 23 1FTPW12527KB31702, License: 7Z71142 (“defendant vehicle”), and approximately 24 $7,908.60 in U.S. Currency seized from Union Bank of California account number 25 4801657364 (hereafter “defendant funds” and collectively “defendant assets”). 26 2. The Verified Complaint for Forfeiture In Rem ("Complaint") was filed on April 26, 27 2013, alleging that said defendant funds are subject to forfeiture to the United States of 28 America pursuant to 21 U.S.C. §§ 881(a)(4) and 881(a)(6). Final Judgment of Forfeiture 1 1 3. On June 6, 2013, the Clerk issued a Warrant for Arrest for the defendant funds, 2 which was duly executed. 3 4. Beginning on June 4, 2013, and continuing for at least 30 consecutive days, the 4 United States published notice of this action on the official government forfeiture site 5 www.forfeiture.gov. A Declaration of Publication was filed with the Court on November 6 13, 2013. 7 5. In addition to the public notice on the official internet government forfeiture site 8 www.forfeiture.gov , direct notice or attempted direct notice was given to the following 9 individuals: 10 a. Jose Fernandez 11 b. Paula Fernandez 12 c. Victor M. Perez, attorney 13 6. On July 2, 2013, Jose Fernandez and Paula Fernandez filed verified claims and 14 answers. To date, no other parties have filed claims or answers in this matter, and the 15 time in which any person or entity may file a claim and answer has expired. 16 Based on the above findings, and the files and records of the Court, it is hereby 17 ORDERED AND ADJUDGED: 18 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by 19 and between the parties to this action, and incorporates it by reference herein. 20 2. That judgment is hereby entered against Claimant Jose Fernandez, Claimant Paula 21 Fernandez and, and all other potential claimants who have not filed claims in this action. 22 3. Upon entry of the Final Judgment of Forfeiture herein, the defendant vehicle, 23 together with $6,616.00 of the defendant funds including any interest that accrued of the 24 entire amount of the defendant funds, shall be forfeited to the United States pursuant to 25 pursuant to 21 U.S.C. §§ 881(a)(4) and 881(a)(6), to be disposed of according to law. 26 4. Within 90 days of entry of the Final Judgment of Forfeiture herein or 90 days after 27 Claimants have provided the necessary electronic funds transfer paperwork—whichever is 28 later, $855.00 of the defendant funds shall be returned to Claimants through their Final Judgment of Forfeiture 2 1 attorney Victor M. Perez, The Perez Law Firm, 1304 W. Center Ave., Visalia, CA 93291, 2 (559) 625-2626. 3 5. The United States also declines to seek, and forgoes the seizure and forfeiture of the 4 funds contained in Safe 1 Credit Union, Account No. 000264614. 5 6. That the United States of America and its servants, agents, and employees and all 6 other public entities, their servants, agents, and employees, are released from any and all 7 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the 8 defendant funds. This is a full and final release applying to all unknown and 9 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as 10 well as to those now known or disclosed. The parties to this agreement agree to waive the 11 provisions of California Civil Code § 1542. 12 7. That pursuant to the stipulation of the parties, and the allegations set forth in the 13 Complaint filed on April 26, 2013, the Court finds that no party substantially prevailed 14 within the meaning of 28 U.S.C. § 2465, that there was probable cause for arrest and 15 seizure of the defendant vehicle and defendant funds, and for the commencement and 16 prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 17 U.S.C. § 2465 shall be entered accordingly. 18 8. All parties are to bear their own costs and attorney’s fees. 19 9. The U.S. District Court for the Eastern District of California shall retain 20 jurisdiction to enforce the terms of the parties’ Stipulation for Final Judgment of 21 Forfeiture, and this Final Judgment of Forfeiture. 22 23 IT IS SO ORDERED. 24 Dated: September 2, 2014 SENIOR DISTRICT JUDGE 25 26 27 28 Final Judgment of Forfeiture 3

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