United States of America v. Approximately $48,000.00 in U.S. Currency

Filing 18

FINAL JUDGMENT OF FORFEITURE signed by Senior Judge William B. Shubb on 5/11/2015. CASE CLOSED. (Zignago, K.)

1
2
3
4

BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

5
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

15

FINAL JUDGMENT OF FORFEITURE

v.

13
14

CASE NO. 1:14-CV-02054 WBS -BAM

APPROXIMATELY $48,000.00 IN U.S.
CURRENCY,
Defendant.

16
Pursuant to the Stipulation for Final Judgment of Forfeiture filed herewith, the Court

17
18
19
20

finds:
1. This is a civil forfeiture action against Approximately $48,000.00 in U.S. Currency
(hereafter “Defendant Currency”).

21

2. A Verified Complaint for Forfeiture In Rem was filed on December 23, 2014, alleging

22

that said Defendant Currency is subject to forfeiture to the United States of America pursuant

23

to 21 U.S.C. § 881(a)(6).

24
25

3. On January 16, 2015, the Clerk of the Court issued a Warrant for Arrest for the
Defendant Currency which was duly executed.

26

4. Beginning on December 31, 2014, for at least 30 consecutive days, the United States

27

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

28

Declaration of Publication was filed with the Court on February 27, 2015.
Final Judgment of Forfeiture

30

1

1
2

5. In addition to public notice on the official internet government forfeiture site
www.forfeiture.gov, actual notice or attempted notice was given to the following individuals:

3

a. Rolando Exposito

4

b. Jacek Lentz, Attorney at Law

5

c. Andrew Alvarez

6

6. On April 9, 2015, Claimant Rolando Exposito filed his verified claim in this action.

7

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

8

which any person or entity may file a claim and answer has expired.

9

7. The Clerk of the Court entered a Clerk’s Certificate of Entry of Default against

10

Andrew Alvarez on April 15, 2015. Pursuant to Local Rule 540, the United States and

11

Claimant Rolando Exposito thus join in a request that as part of the Final Judgment of

12

Forfeiture in this case the Court enter a default judgment against the interests, if any, of

13

Andrew Alvarez.

14

8. Claimant Rolando Exposito represents and warrants that he is the sole owner of

15

the Defendant Currency and that no other person or entity has any legitimate claim of

16

interest therein. Should any person or entity institute any kind of claim or action against

17

the United States with regard to its forfeiture of all or part of the Defendant Currency,

18

Claimant shall hold harmless and indemnify the United States.

19

Based on the above findings, and the files and records of the Court, it is hereby

20

ORDERED AND ADJUDGED:

21

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

22
23
24

and between the parties to this action.
2. That judgment is hereby entered against Claimant Rolando Exposito, Andrew
Alvarez, and all other potential claimants who have not filed claims in this action.

25

3. Upon entry of a Final Judgment of Forfeiture herein $36,000.00 in U.S. Currency of

26

the Defendant Currency, together with any interest that may have accrued on the full amount

27

of the Defendant Currency, shall be forfeited to the United States pursuant to 21 U.S.C. §

28

881(a)(6), to be disposed of according to law.
Final Judgment of Forfeiture

30

2

1

4. Upon entry of the Final Judgment of Forfeiture herein, but not later than 90 days

2

after the Court issues the Final Judgment of Forfeiture or 90 days after Claimant has

3

provided the necessary electronic funds transfer paperwork– whichever is later, $12,000.00 of

4

the Defendant Currency shall be returned to Claimant via his counsel of record, Mr. Jacek

5

Lentz at 1055 Wilshire Blvd., Suite 1996, Los Angeles, CA 90017.

6

5. The Parties and their servants, agents, and employees, and all other Public

7

entities, their servants, agents, and employees, are released from any and all liability, arising

8

out of or in any way connected with the seizure, arrest, or forfeiture of the Defendant

9

Currency. This is a full and final release applying to all unknown and unanticipated injuries,

10

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

11

or disclosed. Claimant has waived the provisions of California Civil Code § 1542.

12

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

13

Complaint filed on or about December 23, 2014, the Court finds that there was reasonable

14

cause for the seizure and arrest of the Defendant Currency, and for the commencement and

15

prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28

16

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

17

7. Pursuant to the Stipulation for Final Judgment of Forfeiture entered into between

18

the parties, no party “substantially prevailed” within the meaning of 28 U.S.C. § 2465. All

19

parties shall bear their own costs and attorney’s fees.

20
21
22
23

8. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of
Forfeiture.
SO ORDERED.
Dated: May 11, 2015

24
25
26
27
28
Final Judgment of Forfeiture
30

3

1
2

CERTIFICATE OF REASONABLE CAUSE

3

Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed

4

December 23, 2014, and the Stipulation for Final Judgment of Forfeiture filed herewith, this

5

Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there

6

was reasonable cause for the seizure or arrest of the Defendant Currency, and for the

7

commencement and prosecution of this forfeiture.

8

Dated: May 11, 2015

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Final Judgment of Forfeiture
30

4