United States of America v. Approximately $715.00 in U.S. Currency et al

Filing 36

FINAL JUDGMENT OF FORFEITURE signed by Judge Kimberly J. Mueller on 5/21/15. (Kaminski, H)

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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,

2:08-CV-02782-KJM-DAD
FINAL JUDGMENT OF FORFEITURE

v.
APPROXIMATELY $715.00 IN U.S.
CURRENCY, AND

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33 ASSORTED CASHIER’S CHECKS
VALUED AT APPROXIMATELY $66,445.13
IN U.S. CURRENCY,

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Defendants.
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Upon review of the parties’ Stipulation for Final Judgment of Forfeiture, the court finds:

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1.

This is a civil forfeiture action against Approximately $715.00 and 33 Assorted

21 Cashier’s Checks Valued at Approximately $66,445.13 in U.S. Currency (collectively “defendant
22 assets”) seized on or about April 24, 2008.
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2.

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

24 19,2008, alleging that said defendant assets are subject to forfeiture to the United States pursuant to
25 21 U.S.C. § 881(a)(6).
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3.

On or about March 24, 2005, the undersigned in her capacity as a U.S. Magistrate Judge

27 issued a Warrant and Summons for Arrest for the defendant assets, and that warrant was executed on
28 December 8, 2008.
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4.

Beginning on December 3, 2008, for at least 30 consecutive days, the United States

2 published Notice of the Forfeiture Action on the official internet government forfeiture site
3 www.forfeiture.gov. A Declaration of Publication was filed on January 2, 2009.
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5.

In addition to Public Notice of Arrest and Seizure, actual notice or attempted notice was

5 given to the following individuals:
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a.

Rene Wright

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b.

Roberta Murdoch

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6.

Claimant Rene Wright filed a Claim on February 27, 2009, and Roberta Murdoch filed a

9 Claim on March 16, 2009. A Stay was entered on March 5, 2009, staying the case pending the
10 resolution of the related criminal case, United States v. Rene Wright, et al., 2:08-CR-00212-LKK. The
11 criminal case was resolved in May 2012. No other parties have filed claims in this matter, and the time
12 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 ORDERED:

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1.

The court lifts the stay previously entered on March 5, 2009.

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2.

The court adopts the Stipulation for Final Judgment of Forfeiture entered into by and

16 between the parties to this action.
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3.

Judgment is hereby entered against claimants Rene Wright and Roberta Murdoch and all

18 other potential claimants who have not filed claims in this action.
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4.

Upon entry of this Final Judgment of Forfeiture, $37,085.00 from the 33 Cashier’s

20 Checks valued at Approximately $66,445.13 in U.S. Currency and $715.00 in U.S. Currency together
21 with any interest that may have accrued on the total amount seized, shall be forfeited to the United
22 States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law.
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Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter,

24 $29,360.13 from the 33 Cashier’s Checks valued at Approximately $66,445.13 in U.S. Currency, shall
25 be returned to claimants Rene Wright and Roberta Murdoch, through their attorney James R. Greiner.
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6.

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

27 their servants, agents, and employees, are released from any and all liability arising out of or in any way
28 connected with the seizure, arrest, or forfeiture of the defendant currency. This is a full and final
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1 release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure,
2 arrest, or forfeiture, as well as to those now known or disclosed. The parties waived the provisions of
3 California Civil Code § 1542.
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7.

Claimant waived any and all claim or right to interest that may have accrued on the

5 defendant currency.
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8.

The United States of America to bear its own costs and attorney’s fees. Claimant Rene

7 Wright has court Appointed Counsel pursuant to 18 U.S.C. section 983(b)(1)(A), see Court Order
8 Docket # 18, and Ms. Wright’s costs and attorney’s fees will be resolved through the Criminal Justice
9 Act (“CJA”). Claimant Roberta Murdoch is being represented by James R. Greiner, and Roberta
10 Murdoch will bear her own costs and attorney’s fees.
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9.

The undersigned shall retain jurisdiction to enforce the terms of this Final Judgment of

12 Forfeiture.
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10.

Based upon the allegations set forth in the complaint filed November 19, 2008, and the

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

18 DATED: May 21, 2015.
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UNITED STATES DISTRICT JUDGE

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