USA v. Approximately $26,335.71 in US Currency Seized from Umpqua Bank

Filing 20

FINAL JUDGMENT OF FOREITURE signed by Judge Morrison C. England, Jr on 07/12/10 is hereby entered against claimants Enrique Garcia and Eva Cervantes and all other potential claimants who have not filed claims in this action per Stipulation. The Defen dant funds listed shall be forfeited to the United States. CERTIFICATE OF REASONALBE CAUSE: Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, and the allegations set forth in the Complaint for Forfeiture In Rem filed 11/25/08, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. Sce. 2465, that there was reasonable cause for the restraint, seizure and arrest of the the defendant funds. (Williams, D)

USA v. Approximately $26,335.71 in US Currency Seized from Umpqua Bank

Doc. 20

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BENJAMIN B. WAGNER United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] 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 $26,335.71 IN U.S. CURRENCY SEIZED FROM UMPQUA BANK ACCOUNT NUMBER 990492050 HELD IN THE NAME OF GARCIA'S MEATS, Defendant.

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2:08-CV-02858-MCE-EFB FINAL JUDGMENT OF FORFEITURE

Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against Approximately

$26,335.71 in U.S. Currency Seized from Umpqua Bank Account Number 990492050 held in the Name of Garcia's Meats ("defendant funds"). 2. A Verified Complaint for Forfeiture In Rem ("Verified

Complaint") was filed on November 25, 2008, alleging that said defendant funds are subject to forfeiture to the United States of America pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2). 3. On or about December 2, 2008, the Clerk issued a

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Final Judgment of Forfeiture

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Warrant for Arrest for the defendant funds, and that warrant was duly executed on December 10, 2008. 4. Beginning on January 13, 2009, for at least 30

consecutive days, the United States published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. on February 23, 2009. 5. In addition to the public notice on the official A Declaration of Publication was filed

internet government forfeiture site www.forfeiture.gov, actual notice was given to the following individuals: a. b. 6. Enrique Garcia Eva Cervantes

On February 4, 2009, Enrique Garcia and Eva Cervantes

("claimants") filed Verified Claims and a Verified Answer to the Complaint. 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

Enrique Garcia and Eva Cervantes and all other potential claimants who have not filed claims in this action. 3. Upon entry of this Final Judgment of Forfeiture,

$20,000.00 of the Approximately $26,335.71 in U.S. Currency Seized from Umpqua Bank Account Number 990492050 Held in the Name

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Final Judgment of Forfeiture

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of Garcia's Meats, together with any interest that may have accrued on that amount, shall be forfeited to the United States pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2), to be disposed of according to law. 4. Upon entry of this Final Judgment of Forfeiture, but no

later than 60 days thereafter, $6,335.71 of the Approximately $26,335.71 in U.S. Currency Seized from Umpqua Bank Account Number 990492050 Held in the Name of Garcia's Meats, together with any interest that may have accrued on that amount, shall be returned to claimants through their attorney, Gilbert A. Roque. 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 funds, and for the commencement and prosecution of this forfeiture action. 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. Code § 1542. 6. Claimants waived any and all claim or right to interest The parties waive the provisions of California Civil This

that may have accrued on the defendant funds being forfeited to the United States. 7. That pursuant to the stipulation of the parties, and the

allegations set forth in the Verified Complaint filed on November 25, 2008, the Court finds that there was reasonable cause for the seizure and arrest of the defendant funds, and for the

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Final Judgment of Forfeiture

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commencement and prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 8. All parties will bear their own costs and

attorneys' fees, if any. 9. The Court shall maintain jurisdiction to enforce the

terms of this Final Judgment of Forfeiture. IT IS SO ORDERED. Dated: July 12, 2010

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Verified Complaint filed November 25, 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 funds, and for the commencement and prosecution of this forfeiture action. Dated: July 12, 2010

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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Final Judgment of Forfeiture