United States of America v. Approximately $4,950.00 in U.S. Currency

Filing 32

FINAL JUDGMENT OF FORFEITURE ORDER signed by Senior Judge Lawrence K. Karlton on 10/1/10. The 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 action.(Mena-Sanchez, L)

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United States of America v. Approximately $4,950.00 in U.S. Currency Doc. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorneys for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $4,950.00 IN ) U.S. CURRENCY, ) ) Defendant. ) ______________________________) 2:08-cv-00395-LKK-GGH FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against approximately $4,950.00 in U.S. Currency (hereafter "defendant currency"). 2. A Verified Complaint for Forfeiture In Rem ("complaint") was filed on February 22, 2008, alleging that said currency is subject to forfeiture to the United States of America pursuant to 21 U.S.C. 881(a)(6). 3. On February 25, 2008, the Clerk issued a Warrant for Arrest for the defendant currency, and that warrant was duly executed on February 27, 2008. 4. On March 8, 2008, a Public Notice of Arrest and Seizure 1 Final Judgment of Forfeiture Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the defendant currency appeared by publication in The Union, a newspaper of general circulation in the county in which the defendant currency was seized (Nevada County). The Affidavit of Publication was filed with the Court on April 7, 2008. 5. In addition to the Public Notice of Arrest having been completed, actual notice was given to the following individuals: a. Jill Ann Lombardo b. Michael Edward Lombardo, Jr. 6. On March 20, 2008, claimant Michael Lombardo filed a On or about Verified Claim to $1,150.00 of the defendant currency. March 25, 2008, claimant Jill Ann Lombardo filed a Verified Claim to $3,800.00 of the defendant currency. 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. Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. 2. That judgment is hereby entered against claimants J'lanna Morgan (formerly known as Jill Ann Lombardo) and Michael Lombardo ("claimants") and all other potential claimants who have not filed claims in this action. 3. Upon entry of this Final Judgment of Forfeiture, $1,150.00 of the approximately $4,950.00 in U.S. Currency, together with any interest that may have accrued on that amount, shall be forfeited to the United States pursuant to 21 U.S.C. 881(a)(6), to be disposed of according to law. 2 Final Judgment of Forfeiture 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Upon entry of this Final Judgment of Forfeiture herein, but no later than 60 days thereafter, $3,800.00 of the approximately $4,950.00 in U.S. Currency, together with any interest that may have accrued on that amount, shall be returned to claimant J'lanna Morgan. 5. That plaintiff United States of America and its servants, agents, and employees and all other public entities, their servants, agents, and employees, are released from any and all liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the defendant currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The parties waived the provisions of California Civil Code 1542. 6. Claimant Michael Lombardo waived any and all claim or right to interest that may have accrued on the defendant currency being forfeited to the United States. 7. That pursuant to the stipulation of the parties, and the allegations set forth in the Complaint filed on or about February 22, 2008, the Court finds that there was reasonable cause for the seizure and arrest of the defendant currency, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. 2465 shall be entered accordingly. 8. All parties are to bear their own costs and attorneys' fees. // // // 3 Final Judgment of Forfeiture 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. SO ORDERED THIS 1st day of October, 2010. CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed February 22, 2008, and the Stipulation for Final Judgment of Forfeiture filed herein, the 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 action. DATED: October 1, 2010. 4 Final Judgment of Forfeiture

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