United States of America v. Approximately $60,000.00 in U.S. Currency

Filing 15

FINAL JUDGMENT of FORFEITURE, signed by Chief Judge Lawrence J. O'Neill on 6/1/16. (Hellings, J)

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PHILLIP A. TALBERT
Acting United States Attorney
JEFFREY A. SPIVAK
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
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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FINAL JUDGMENT OF FORFEITURE

v.

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1:15-CV-01726-LJO-MJS

APPROXIMATELY $60,000.00 IN U.S.
CURRENCY,

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Defendant.

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

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finds:
1. This is a civil forfeiture action against Approximately $60,000.00 in U.S. Currency
(hereafter “Defendant Currency”).

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2. A Verified Complaint for Forfeiture In Rem was filed on November 18, 2015,

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

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pursuant to 21 U.S.C. §881(a)(6).

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3. On December 4, 2015, the Clerk of the Court issued a Warrant for Arrest for the

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Defendant Currency. The warrant for the Defendant Currency was duly executed on

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December 8, 2015.

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4. Beginning on December 6, 2015, for at least 30 consecutive days, the United States
Final Judgment of Forfeiture

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

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Declaration of Publication was filed with the Court on January 13, 2016.

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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:

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a. Ellis Athanas

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b. Jeffrey Hammerschmidt, Attorney at Law

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6. Claimant Ellis Athanas states that he is the sole owner of the Defendant
Currency and has authority to enter into this agreement.
7. No other parties have filed claims or answers in this matter, and the time for which
any person or entity may file a claim and answer has expired.

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

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ORDERED AND ADJUDGED:

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

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and between the parties to this action.
2. That judgment is hereby entered against Claimant Ellis Athanas and all
other potential claimants who have not filed claims in this action.

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3. Upon entry of a Final Judgment of Forfeiture herein, $25,000.00 in U.S. Currency of

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

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

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

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4. Upon entry of a Final Judgment of Forfeiture herein, but not later than 60 days

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after the Court issued the Final Judgment of Forfeiture or 60 days after Claimant has

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provided the necessary electronic funds transfer paperwork–whichever is later, $35,000.00 of

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the Defendant Currency, shall be returned to Claimant Ellis Athanas via his counsel of

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record, The Hammerschmidt Broughton Law Corporation, and specifically Burton Francis,

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Esq., Of Counsel.

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5.

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

entities, their servants, agents, and employees, are released from any and all liability, arising
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out of or in any way connected with the seizure, arrest, or forfeiture of the Defendant

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

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

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

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

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Complaint filed on or about November 18, 2015, the Court finds that there was reasonable

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cause for the seizure and arrest 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 to 28

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

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

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

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

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

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Forfeiture.

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IT IS SO ORDERED.

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Dated:

UNITED STATES CHIEF DISTRICT JUDGE

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/s/ Lawrence J. O’Neill _____

June 1, 2016

CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed
November 18, 2015, 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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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill _____

June 1, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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Final Judgment of Forfeiture
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