United States of America v. Approximately $18,220.00 in U.S. Currency

Filing 67

AMENDED FINAL JUDGMENT OF FORFEITURE signed by Judge Garland E. Burrell, Jr on 4/22/15 re 66 . (Meuleman, A)

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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: [phone]

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Attorneys for the United States

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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,
v.

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2:09-CV-00182-GEB-CMK
AMENDED FINAL JUDGMENT
OF FORFEITURE

APPROXIMATELY $18,220.00 IN U.S.
CURRENCY,

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Defendant.

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Pursuant to the Amended Stipulation for Final Judgment of Forfeiture, the Court

18 finds:
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1.

This is a civil action against Approximately $18,220.00 in U.S. Currency

20 (“defendant currency”) seized on or about August 13, 2008.
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2.

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

22 January 21, 2009, alleging that said defendant currency is subject to forfeiture to the
23 United States pursuant to 21 U.S.C. § 881(a)(6).
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3.

On January 22, 2009, the Clerk issued a Warrant for Arrest for the

25 defendant currency, and that warrant was duly executed on January 26, 2009.
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4.

Beginning on January 26, 2009, for at least 30 consecutive days, the United

27 States published Notice of the Forfeiture Action on the official internet government
28 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on March 2,
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Amended Final Judgment of Forfeiture
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1 2009.
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5.

In addition to the public notice on the official internet government forfeiture

3 site www.forfeiture.gov, actual notice or attempted notice was given to:
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a.

Manh Saechao

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b.

Victor Alvarez

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c.

Juan Alvarez

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6.

Claimant Manh Saechao filed an answer on February 19, 2009 and a claim

8 alleging an interest in the defendant currency on March 31, 2009. No other parties have
9 filed claims or answers in this matter, and the time in which any person or entity may file
10 a claim and answer has expired.
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7.

The Clerk of the Court entered a Clerk's Certificate of Entry of Default

12 against Victor Alvarez and Juan Alvarez on March 26, 2009. Pursuant to Local Rule 540,
13 the United States and claimant thus join in a request that as part of this Final Judgment
14 of Forfeiture the Court enter a default judgment against the interests, if any, of Victor
15 Alvarez and Juan Alvarez without further notice.
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Based on the above findings, and the files and records of the Court, it is hereby

17 ORDERED AND ADJUDGED:
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1.

The Court adopts the Amended Stipulation for Final Judgment of Forfeiture

19 entered into by and between the parties to this action.
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2.

Judgment is hereby entered against claimant Victor Alvarez and Juan

21 Alvarez and all other potential claimants who have not filed claims in this action.

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3.

Upon entry of this Amended Final Judgment of Forfeiture, $9,660.00 of the

23 Approximately $18,220.00 in U.S. Currency, together with any interest that may have
24 accrued on the total amount seized, shall be forfeited to the United States pursuant to 21
25 U.S.C. § 881(a)(6), to be disposed of according to law.
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4.

Upon entry of this Amended Final Judgment of Forfeiture, but no later than

27 60 days thereafter, $8,560.00 of the Approximately $18,220.00 in U.S. Currency shall be
28 returned to claimant Manh Saechao, through her attorney Danny D. Brace, Jr.
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Amended Final Judgment of Forfeiture
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5.

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

2 public entities, their servants, agents, and employees, are released from any and all
3 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the
4 defendant currency. This is a full and final release applying to all unknown and
5 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as
6 well as to those now known or disclosed. The parties waived the provisions of California
7 Civil Code § 1542.
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6.

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

9 accrued on the defendant currency.
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7.

All parties are to bear their own costs and attorneys' fees.

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8.

The U.S. District Court for the Eastern District of California, Hon. Garland

12 E. Burrell, District Judge, shall retain jurisdiction to enforce the terms of this Amended
13 Final Judgment of Forfeiture.
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9.

Based upon the allegations set forth in the Complaint filed January 21,

15 2009, and the Amended Stipulation for Final Judgment of Forfeiture filed herein, the
16 Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that
17 there was reasonable cause for the seizure and arrest of the defendant currency, and for
18 the commencement and prosecution of this forfeiture action.
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SO ORDERED.

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Dated: April 22, 2015

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Amended Final Judgment of Forfeiture