United States of America v. Approximately $8,658.00 in U.S. Currency

Filing 24

FINAL JUDGMENT OF FORFEITURE signed by District Judge Dale A. Drozd on 10/24/2018. (Jessen, A)

1 McGREGOR W. SCOTT
United States Attorney
2 ERIN M. SALES
Assistant U.S. Attorney
3 2500 Tulare Street, Suite 4401
Fresno, CA 93721
4 [phone] Telephone
[phone] Facsimile
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Attorneys for the United States
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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NO. 1:17-CV-00592-DAD-BAM

Plaintiff,
FINAL JUDGMENT OF FORFEITURE

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v.
APPROXIMATELY $8,658.00 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 forfeiture action against Approximately $8,658.00 in U.S. Currency

20 (hereafter “Defendant Currency”) seized on or about November 3, 2016.
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 28, 2017,

22 alleging that said Defendant Currency is subject to forfeiture to the United States pursuant to 21 U.S.C.
23 § 881(a)(6).
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3.

On May 31, 2017, the Clerk issued a Warrant for Arrest for the Defendant Currency, and

25 that warrant was executed on June 6, 2017.
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4.

Beginning on April 29, 2017, for at least 30 consecutive days, the United States

27 published Notice of the Forfeiture Action on the official internet government forfeiture site
28 www.forfeiture.gov. A Declaration of Publication was filed on May 30, 2017.
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In addition to the public notice on the official internet government forfeiture site

2 www.forfeiture.gov, actual notice or attempted notice was given to the following individuals:
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a.
b.
c.
d.
e.

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Adriana Velazquez,
Selena Maduigal,
Beronimo Velazquez-Romero,
Jesus Velazquez, and
Kevin G. Little, Attorney.

Potential Claimant Jesus Roberto Velazquez-Juarez filed a Verified Answer to Verified

7 Complaint for Forfeiture in Rem on June 24, 2017. No other parties have filed claims or answers in this
8 matter, and the time in which any person or entity may file a claim and answer has expired.
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Potential Claimant Jesus Roberto Velazquez-Juarez (“Potential Claimant”) represents and

10 warrants that he is the sole owner of the Defendant Currency.
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8.

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

12 Velazquez, Selena Maduigal, and Beronimo Velazquez-Romero on October 18, 2018. Pursuant to Local
13 Rule 540, the United States requests that, as a part of this Final Judgment of Forfeiture, the Court enter a
14 default judgment against the interest, if any, of Adriana Velazquez, Selena Maduigal, and Beronimo
15 Velazquez-Romero without further notice.
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Based on the above findings, and the files and records of the Court, it is hereby ORDERED

17 AND ADJUDGED:
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1.

Judgment is hereby entered against Potential Claimant Jesus Roberto Velazquez-Juarez,

19 and all other potential claimants who have not filed claims in this action.
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2.

Upon entry of this Final Judgment of Forfeiture, Approximately $8,658.00 in U.S.

21 Currency, together with any interest that may have accrued on the total amount seized, shall be
22 forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law.
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3.

The United States and its servants, agents, and employees and all other public entities,

24 their servants, agents, and employees, are released from any and all liability arising out of or in any
25 way connected with the seizure, arrest, or forfeiture of the Defendant Currency. This is a full and final
26 release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure,
27 arrest, or forfeiture, as well as to those now known or disclosed. Potential Claimant waived the
28 provisions of California Civil Code § 1542.
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All parties are to bear their own costs and attorneys' fees.

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5.

The U.S. District Court for the Eastern District of California, Hon. Dale A. Drozd,

3 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture.
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6.

Based upon the allegations set forth in the Complaint filed April 28, 2017, and the

5 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable
6 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the
7 Defendant Currency, and for the commencement and prosecution of this forfeiture action.
8 IT IS SO ORDERED.
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Dated:

October 24, 2018
UNITED STATES DISTRICT JUDGE

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