United States of America v. Approximately $40,000.00 in U.S. Currency

Filing 16

FINAL JUDGMENT of FORFEITURE, signed by District Judge Anthony W. Ishii on 11/25/14. (Gonzalez, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
3 Assistant United States Attorney
501 I Street, Suite 10-100
4 Sacramento, California 95814
Telephone: [phone]
5 Facsimile: [phone]
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Attorneys for Plaintiff United States of America

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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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CASE NO. 1:14-CV-01050-AWI-SKO
FINAL JUDGMENT OF FORFEITURE

v.
APPROXIMATELY $40,000.00 IN U.S.
CURRENCY,
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 approximately $40,000.00 in U.S. Currency

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(hereafter “Defendant Currency”).
2. The Verified Complaint for Forfeiture In Rem ("Complaint") was filed on July 3,

22 2014, alleging that said Defendant Currency is subject to forfeiture to the United States of
23 America pursuant to 21 U.S.C. § 881(a)(6).
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3. On August 12, 2014, the Clerk issued a Warrant for Arrest for the Defendant

25 Currency, which was duly executed.
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4. Beginning on July 5, 2014, and continuing for at least 30 consecutive days, the

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Final Judgment of Forfeiture

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1 United States published notice of this action on the official government forfeiture site
2 www.forfeiture.gov. A Declaration of Publication was filed with the Court on September
3 15, 2014.
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5. In addition to the public notice on the official internet government forfeiture site

5 www.forfeiture.gov , direct notice or attempted direct notice was given to the following
6 individuals:
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a.

Ricardo Gutierrez

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b.

Victor Johannes Elliot

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c.

Wilo Nuñez, attorney

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6. To date, no other parties have filed claims or answers in this matter, and the time

11 in which any person or entity may file a claim and answer has expired.
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7. Potential Claimants Ricardo Gutierrez and Victor Johannes Elliot represent and

13 warrant that they are the sole owner of the Defendant Currency and that no other person
14 or entity has any legitimate claim of interest therein. Should any person or entity

15 institute any kind of claim or action against the United States with regard to its forfeiture
16 of all or part of the Defendant Currency, Potential Claimants shall hold harmless and
17 indemnify the United States.
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Based on the above findings, and the files and records of the Court, it is hereby

19 ORDERED AND ADJUDGED:
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1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by

21 and between the parties to this action, and incorporates it by reference herein.
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2. That judgment is hereby entered against Potential Claimants Ricardo Gutierrez,

23 Victor Johannes Elliot, and all other potential claimants who have not filed claims in this
24 action.
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3. Upon full execution of this Stipulation and entry of the Final Judgment of

26 Forfeiture, $36,000.00 in U.S. Currency of the Defendant Currency, together with any
27 interest that may have accrued on the full amount of the Defendant Currency, shall be
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Final Judgment of Forfeiture

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1 forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according
2 to law.
4. Within 60 days of entry of the Final Judgment of Forfeiture herein or 60 days after

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4 Claimant has provided the necessary electronic funds transfer paperwork—whichever is
5 later, $4,000.00 of the Defendant Currency shall be returned to Potential Claimants via
6 their counsel of record, Mr. Wilo Nuñez at 2675 Olive Street, Huntington Park, CA 90255.
5. That plaintiff United States of America and its servants, agents, and employees,

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8 and all other Public entities, their servants, agents, and employees, are released from any and
9 all liability, arising out of or in any way connected with the seizure, arrest, or forfeiture of the
10 Defendant Currency. This is a full and final release applying to all unknown and
11 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as well
12 as to those now known or disclosed. Potential Claimants have waived the provisions of
13 California Civil Code § 1542.
6. That pursuant to the stipulation of the parties, and the allegations set forth in the

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15 Complaint filed on or about July 3, 2014, the Court finds that there was reasonable cause for
16 the seizure and arrest of the Defendant Currency, and for the commencement and prosecution
17 of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465
18 shall be entered accordingly.
7. Pursuant to the Stipulation for Final Judgment of Forfeiture entered into between

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20 the parties, no party “substantially prevailed” within the meaning of 28 U.S.C. § 2465. All
21 parties shall bear their own costs and attorney’s fees.
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Final Judgment of Forfeiture

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8. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of

2 Forfeiture.
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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed July
3, 2014, and the Stipulation for Final Judgment of Forfeiture filed herewith, this 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 Currency, and for the commencement and
prosecution of this forfeiture.

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11 IT IS SO ORDERED.
12 Dated: November 25, 2014
SENIOR DISTRICT JUDGE

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Final Judgment of Forfeiture

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