United States of America v. Approximately $9,000.00 in U.S. Currency et al

Filing 61

FINAL JUDGMENT OF FORFEITURE signed by Senior Judge William B. Shubb on 3/9/2015 ADOPTING the 60 Stipulation for Final Judgment of Forfeiture; ENTERING JUDGMENT against Claimants Wei Jie Ma, Cindy Woo and all other potential claimants who have not filed claims in this action; FORFEITING to the United States $9,000.00 in U.S. Currency, along with any interest that may have accrued on the total amount seized, to be disposed of according to law; ORDERING that $4,580.00 in U.S. Currency be returned to Claimants Wei Jie Ma, Cindy Woo, through their attorney Sara Rief, within 60 days; RELEASING the United States and its servants, agents, and employees and all other public entities, their servants, agents, and employees from any and al l liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the defendant currency; FINDING that the claimants waived any and all claim or right to interest that may have accrued on the defendant currency; ORDERING a ll parties to bear their own costs and attorneys' fees; ORDERING that Judge William B. Shubb retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture; ENTERING a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465; FINDING that there was reasonable cause for the seizure and arrest of the defendant currency, and for the commencement and prosecution of this forfeiture action. CASE CLOSED. (Michel, G.)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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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,

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Plaintiff,

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v.

2:07-CV-01290-WBS-DAD
FINAL JUDGMENT OF
FORFEITURE

APPROXIMATELY $9,000.00 IN U.S.
CURRENCY, and

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APPROXIMATELY $4,580.00 IN U.S.
CURRENCY,

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Defendants.

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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 $9,000.00 in U.S. Currency and

20 Approximately $4,580.00 in U.S. Currency (“defendant currency”) seized on or about
21 January 12, 2007.
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on June

23 29, 2007, alleging that said defendant currency is subject to forfeiture to the United
24 States pursuant to 21 U.S.C. § 881(a)(6).
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3.

On July 2, 2007, the Clerk issued a Warrant for Arrest for the defendant

26 currency, and that warrant was executed on July 2, 2007.
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4.

On July 20, 27, and August 3, 2007, a Public Notice of Posting of the

28 defendant currency appeared by publication in Inter-City Express, a newspaper of
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Final Judgment of Forfeiture
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1 general circulation in the county in which the defendant currency was seized (Alameda
2 County). On July 18, 25, and August 1, 2007, a Public Notice of Posting of the defendant
3 currency appeared by publication in The Recorder, a newspaper of general circulation in
4 the county in which the defendant currency was seized (San Francisco County). Notices of
5 Publication were filed on August 8, 2007.
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5.

In addition to the public notice in The Recorder and Inner City Express,

7 actual notice or attempted notice was given to the following individual(s):
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a.

Wei Jei Ma

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b.

Cindy Woo

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6.

Claimants Wei Jei Ma and Cindy Woo filed verified statements alleging

11 their interest in the defendant currency on August 1, 2007, and answers to the complaint
12 on August 20, 2007. No other parties have filed claims or answers in this matter, and the
13 time in 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

15 ORDERED AND ADJUDGED:
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1.

The Court adopts the Stipulation for Final Judgment of Forfeiture entered

17 into by and between the parties to this action.
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2.

Judgment is hereby entered against claimants Wei Jei Ma and Cindy Woo

19 and all other potential claimants who have not filed claims in this action.
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3.

Upon entry of this Final Judgment of Forfeiture, $9,000.00 in U.S. Currency,

21 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
23 according to law.
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4.

Upon entry of this Final Judgment of Forfeiture, but no later than 60 days

25 thereafter, $4,580.00 in U.S. Currency shall be returned to claimants Wei Jei Ma and
26 Cindy Woo, through their attorney Sara Rief.
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5.

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

28 public entities, their servants, agents, and employees, are released from any and all
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Final Judgment of Forfeiture
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1 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the
2 defendant currency. This is a full and final release applying to all unknown and
3 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as
4 well as to those now known or disclosed. The parties waived the provisions of California
5 Civil Code § 1542.
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6.

Claimants waived any and all claim or right to interest that may have

7 accrued on the defendant currency.
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7.

All parties are to bear their own costs and attorneys' fees.

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8.

The U.S. District Court for the Eastern District of California, Hon. William

10 B. Shubb, District Judge, shall retain jurisdiction to enforce the terms of this Final
11 Judgment of Forfeiture.
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9.

Based upon the allegations set forth in the Complaint filed June 29, 2007,

13 and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this
14 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable
15 cause for the seizure and arrest of the defendant currency, and for the commencement
16 and prosecution of this forfeiture action.
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SO ORDERED.

18 Dated: March 9, 2015
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Final Judgment of Forfeiture