United States of America v. Approximately $63,786.12 in U.S. Currency Seized from Wells Fargo Bank et al

Filing 6

ORDER signed by Magistrate Judge John F. Moulds on 02/10/09 GRANTING Application For Publication.(Streeter, J)

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McGREGOR W. SCOTT United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States 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 $63,786.12 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 5306090506 HELD IN THE NAME OF BEST GAS AND BEAR RIVER MARKET, and APPROXIMATELY $55,888.87 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 5306078386 HELD IN THE NAME OF ALTA SIERRA STATION, Defendants.

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2:08-cv-02898-FCD-JFM APPLICATION AND ORDER FOR PUBLICATION

The United States of America, Plaintiff herein, applies for an order of publication as follows: 1. Rule G(4) of the Supplemental Rules for Admiralty or

Maritime Claims and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the Plaintiff shall cause public notice of the action and arrest to be given in a newspaper of general circulation or on the official internet government forfeiture site; 1

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2.

Local Rule 83-171, Eastern District of California,

provides that the Court shall designate by order the appropriate newspaper or other vehicle for publication; 3. The defendant Approximately $63,786.12 in U.S. Currency

Seized from Wells Fargo Bank Account Number 5306090506 held in the name of Best Gas and Bear River Market and the defendant Approximately $55,888.87 in U.S. Currency Seized from Wells Fargo Bank Account Number 5306078386, held in the name of Alta Sierra Station (hereafter "the defendant funds") were seized in the city of Davis, Yolo County, California. The Department of the

Treasury, Internal Revenue Service published notice of the nonjudicial forfeiture of the defendant funds on July 31, August 7, 14 and 21, 2008 in The Davis Enterprise and The Union. 4. Plaintiff proposes that publication be made as follows: a. b. c. One publication; Thirty (30) consecutive days; On the official internet government forfeiture

site www.forfeiture.gov; d. The publication is to include the following: (1) (2) (3) The Court and case number of the action; The date of the arrest/seizure; The identity and/or description of the

property arrested/seized; (4) Plaintiff; (5) A statement that claims of persons entitled The name and address of the attorney for the

to possession or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and served on the attorney 2

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for the Plaintiff no later than 60 days after the first day of publication on the official internet government forfeiture site; and (6) A statement that answers to the Complaint or

a motion under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: 12/1/08 McGREGOR W. SCOTT United States Attorney

/s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney

ORDER IT IS SO ORDERED. Dated: February 10, 2009.

/wellsfargo.ord

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