United States v. Approximately $37,000.00 in U.S. Currency

Filing 23

Final Judgment of Forfeiture, signed by Magistrate Judge Barbara A. McAuliffe on 3/27/14. (Gonzalez, 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
[phone] Telephone
[phone] Facsimile

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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) 1:13-CV-01075-BAM
)
) FINAL JUDGMENT OF
) FORFEITURE
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APPROXIMATELY $37,000.00 IN U.S.
CURRENCY,

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Defendant.

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

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1.

This is a civil action against the defendant approximately $37,000.00 in U.S.

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Currency (hereafter “defendant currency”) seized on or about December 20, 2012. A Verified

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Complaint for Forfeiture In Rem (“Complaint”) was filed on July 12, 2013, alleging that said

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defendant currency is subject to forfeiture to the United States of America pursuant to 21

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U.S.C. § 881(a)(6).

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2.

On September 12, 2013, the Clerk issued a Warrant for Arrest for the

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defendant currency.

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September 16, 2013.

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3.

The warrant for the defendant currency was duly executed on

Beginning on July 18, 2013, for at least 30 consecutive days, the United States

published notice of this action on the official government forfeiture site www.forfeiture.gov.

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Final Judgment of Forfeiture

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A Declaration of Publication was filed with the Court on August 27, 2013.
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In addition to the public notice on the official internet government forfeiture

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

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individuals:

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a.

Nicholas Colt Vigil

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b.

Jason Paul Jones

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c.

Jeffrey D. Schwartz, Esq.

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5.

On October 10, 2013, Claimant filed a deficient claim. On October 28, 2013,

Claimant filed an Answer. On that same date, October 28, 2013, Claimant filed an
Amended Claim.
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No other parties filed claims or answers, and the time in which any person or

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entity may have filed a claim and answer expired. As such, the Clerk of the court entered a

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Clerk’s Certificate of Entry of Default against Jason Paul Jones on October 21, 2013.

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7.

The United States and Claimant hereby jointly request that, as part of the

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Final Judgment of Forfeiture in this case, the Court enter a default judgment against the

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interest, if any, of Jason Paul Jones.

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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 Nicholas Colt Vigil, Jason Paul Jones, and
all other potential claimants.

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3. After entry by the Court of a Final Judgment of Forfeiture herein, $33,300.00 of the

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defendant approximately $37,000.00 in U.S. Currency, together with any interest

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that has accrued on the entire $37,000.00, shall be forfeited to the United States

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pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law.

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4. After entry by the Court of a Final Judgment of Forfeiture herein, and no later than
60 days after Claimant has provided the necessary electronic funds transfer

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2

Final Judgment of Forfeiture

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paperwork, $3,700.00 of the defendant funds shall be returned to Claimant, through

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his attorneys of record, Jeffrey D. Schwartz and Jessica M. Watson, 637 F Street,

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Arcata, California, 95521, telephone [phone].

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5. That pursuant to the stipulation of the parties, the United States of America and its

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servants, agents, and employees and all other public entities, their servants, agents,

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and employees, are released from any and all liability arising out of or in any way

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connected with the seizure, arrest, or forfeiture of the defendant funds. This is a full

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and final release applying to all unknown and unanticipated injuries, and/or

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damages arising out of said seizure, arrest, or forfeiture, as well as to those now

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known or disclosed. Claimant agrees to waive the provisions of California Civil Code

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§ 1542.

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

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Complaint filed on July 12, 2013, the Court finds that there was probable cause for

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arrest and seizure of the defendant currency, and for the commencement and

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prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant

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to 28 U.S.C. § 2465 shall be entered accordingly.

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

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

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to enforce the terms of this Final Judgment of Forfeiture.

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IT IS SO ORDERED.

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Dated: March 27, 2014

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d

/s/ Barbara McAuliffe
d
BARBARA A. McAULIFFE
United States Magistrate Judge

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Final Judgment of Forfeiture

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CERTIFICATE OF REASONABLE CAUSE

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Based upon the allegations set forth in the Complaint filed July 12, 2013, and the

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Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate

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of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the

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seizure or arrest of the defendant currency, and for the commencement and prosecution of

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this forfeiture action.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

March 27, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Final Judgment of Forfeiture