United States of America v. Approximately $18,964.81 in U.S. Currency seized from Washington Mutual Bank Account 387-435366-3 et al
Filing
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FINAL JUDGMENT of FORFEITURE signed by Senior Judge Lawrence K. Karlton on 06/17/11; judgment is hereby entered against claimant Vasquez and all other potential claimants who have not filed claims in this action; All parties are to bear their own costs and attorneys' fees; the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 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: (916)554-2700
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Attorneys for the United States
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IN THE 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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Plaintiff,
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v.
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APPROXIMATELY $18,964.81 IN U.S.
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CURRENCY SEIZED FROM WASHINGTON
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MUTUAL BANK ACCOUNT 387-435366-3, )
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APPROXIMATELY $38,222.37 IN U.S.
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CURRENCY SEIZED FROM WACHOVIA BANK )
ACCOUNT 1007139898952,
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APPROXIMATELY $450,100.00 IN U.S. )
CURRENCY SEIZED FROM WASHINGTON
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MUTUAL BANK SAFE DEPOSIT BOX 538, )
AND
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APPROXIMATELY $105,000.00 IN U.S. )
CURRENCY SEIZED FROM WACHOVIA BANK )
SAFE DEPOSIT BOX 674,
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Defendants.
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2:08-CV-02173-LKK-DAD
FINAL JUDGMENT OF FORFEITURE
Pursuant to the Stipulation for Final Judgment of Forfeiture,
the Court finds:
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This is a civil forfeiture action against Approximately
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$18,964.81 in U.S. Currency seized from Washington Mutual Bank
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Account 387-435366-3; Approximately $38,222.37 in U.S. Currency
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Final Judgment of Forfeiture
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seized from Wachovia Bank Account 1007139898952; Approximately
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$450,100.00 in U.S. Currency seized from Washington Mutual Bank
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Safe Deposit Box 538; and Approximately $105,000.00 in U.S.
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Currency seized from Wachovia Bank Safe Deposit Box 674 (hereafter
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the "defendant currency") seized on or about April 24 and May 29,
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2008, by the Internal Revenue Service, Criminal Investigation.
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2.
A Verified Complaint for Forfeiture In Rem (“complaint”)
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was filed on September 15, 2008, alleging that said defendant
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currency is subject to forfeiture to the United States of America
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pursuant to 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C), and 21 U.S.C.
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§ 881(a)(6).
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3.
On or about September 16, 2008, the Clerk issued a
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Warrant for Arrest of Articles In Rem for the defendant currency,
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and that warrant was duly executed on September 19, 2008.
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4.
On September 19, 2008, the Internal Revenue Service
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personally served copies of the complaint, application and order
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for publication, warrant for arrest, order setting status
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conference, notice of availability of voluntary dispute resolution,
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notice of availability of magistrate judge, and notice of
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forfeiture action on Miguel Vasquez, Jr. (hereafter “Vasquez”).
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5.
Beginning on September 26, 2008, for at least 30
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consecutive days, the United States published Notice of the
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Forfeiture Action on the official internet government forfeiture
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site www.forfeiture.gov.
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October 29, 2008.
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6.
A Declaration of Publication was filed on
Vasquez filed a Claim of Ownership of Property alleging
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that he is the legal owner of the defendant currency, and filed an
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Answer to the complaint.
No other parties have filed claims or
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Final Judgment of Forfeiture
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answers in this matter, and the time for which any person or entity
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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 ORDERED AND ADJUDGED:
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The Court adopts the Stipulation for Final Judgment of
Forfeiture entered into by and between the parties to this action.
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That judgment is hereby entered against claimant Vasquez
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and all other potential claimants who have not filed claims in this
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action.
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3.
All right, title and interest of Vasquez in the
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defendant currency shall be forfeited to the United States pursuant
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to 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C), and 21 U.S.C. §
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881(a)(6).
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4.
Plaintiff United States of America and its servants,
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agents, and employees and all other public entities, their
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servants, agents, and employees, are released from any and all
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liability arising out of or in any way connected with the arrest,
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seizure, or forfeiture of the defendant currency.
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and final release applying to all unknown and unanticipated
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injuries, and/or damages arising out of said arrest, seizure, or
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forfeiture, as well as to those now known or disclosed.
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parties waived the provisions of California Civil Code § 1542.
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5.
This is a full
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That pursuant to the stipulation of the parties, and the
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allegations set forth in the Complaint filed on September 15, 2008,
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the Court finds that there was reasonable cause for the seizure and
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arrest of the defendant currency, and a Certificate of Reasonable
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Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly.
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6.
All parties are to bear their own costs and
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Final Judgment of Forfeiture
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attorneys' fees, if any.
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The Court shall maintain jurisdiction to enforce the
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terms of this Final Judgment of Forfeiture.
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SO ORDERED THIS 17th day of June, 2011.
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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint filed
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September 15, 2008, and the Stipulation for Final Judgment of
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Forfeiture filed herein, the Court enters this Certificate of
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Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was
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reasonable cause for the seizure or arrest of the defendant
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currency.
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DATED: June 17, 2011.
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Final Judgment of Forfeiture
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