United States of America v. Approximately $7,081.00 in U.S. Currency et al

Filing 30

FINAL JUDGMENT OF FORFEITURE dated *2/27/2012* signed by Judge Garland E. Burrell, Jr. on 2/24/2012 ORDERED AND ADJUDGED The Court ADOPTS the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action; judgmen t is hereby ENTERED against claimant Jonathan Todd Farrell 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 U.S. District Court for the EDCA, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. CASE CLOSED (Reader, L)

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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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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 $7,081.00 IN U.S.
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CURRENCY,
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2006 HONDA CRF450R MOTORCYCLE, VIN:)
JH2PE05336M413204, CALIFORNIA
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LICENSE NUMBER: 83C47Y,
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2004 HONDA CRF250X MOTORCYCLE, VIN:)
JH2ME11184K000863, CALIFORNIA
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LICENSE NUMBER: Z26N82,
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2006 YAMAHA TT-R230 MOTORCYCLE,
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VIN: 9C6CG19Y560013660,
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CALIFORNIA LICENSE NUMBER:
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14E21L, and
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1984 CASE 580E BACKHOE WITH
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SCRAPER BUCKET, VIN: 17033151.
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Defendants.
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2:10-CV-00520-GEB-DAD
FINAL JUDGMENT
OF FORFEITURE

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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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Final Judgment of Forfeiture

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$7,081.00 in U.S. Currency (hereafter “defendant currency”); a 2006

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Honda CRF450R Motorcycle, VIN: JH2PE05336M413204, California

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license number: 83C47Y; a 2004 Honda CRF250X Motorcycle, VIN:

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JH2ME11184K000863, California license number: Z26N82; a 2006 Yamaha

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TT-R230 Motorcycle, VIN: 9C6CG19Y560013660, California license

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number: 14E21L (hereafter “defendant motorcycles”); and a 1984 Case

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580E Backhoe with scraper bucket, VIN: 17033151 (hereafter

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“defendant backhoe”).

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motorcycles, and defendant backhoe (collectively referred to as

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“defendant assets”) were seized on or about September 22, 2009.

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2.

The defendant currency, defendant

A Verified Complaint for Forfeiture In Rem (“Complaint”)

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was filed on March 3, 2010, alleging that the defendant currency,

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defendant motorcycles, and defendant backhoe are subject to

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forfeiture to the United States pursuant to 21 U.S.C. §§ 881(a)(6)

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and/or 881(a)(4).

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3.

On or about March 5, 2010, the Clerk issued a Warrant for

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Arrest for the defendant assets, and that warrant was executed on

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March 10 and 15, 2010.

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4.

Beginning on March 11, 2010, for at least 30 consecutive

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days, the United States published Notice of the Forfeiture Action

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on the official internet government forfeiture site

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www.forfeiture.gov.

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8, 2010.

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5.

A Declaration of Publication was filed on June

In addition to the public notice on the official internet

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government forfeiture site www.forfeiture.gov, actual notice or

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attempted notice was given to the following individuals:

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a. Jonathan Todd Farrell

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b. Birdy Cadena

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Final Judgment of Forfeiture

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c. Paco Garcia

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Claimant Jonathan Todd Farrell filed a Verified Claim to

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the defendant assets on April 5, 2010, an Amended Verified Claim to

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the defendant assets on April 7, 2010, and an Answer to the

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complaint on April 22, 2010.

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answers in this matter, and the time in which any person or entity

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may file a claim and answer has expired.

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7.

No other parties have filed claims or

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

Entry of Default against Birdy Cadena and Paco Garcia on August 24,

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2010.

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as part of this Final Judgment of Forfeiture the Court enter a

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default judgment against the interest, if any, of Birdy Cadena and

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Paco Garcia without further notice.

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Pursuant to Local Rule 540, the United States requests that

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 Jonathan

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Todd Farrell and all other potential claimants who have not filed

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claims in this action.

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3.

All right, title, and interest of Jonathan Todd Farrell in

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the following defendant assets, together with any interest that may

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have accrued, shall be forfeited to the United States pursuant to

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21 U.S.C. §§ 881(a)(6) and/or 881(a)(4), to be disposed of

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according to law:

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a.
b.

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c.

Approximately $7,081.00 in U.S. Currency,
2006 Honda CRF450R Motorcycle, VIN:
JH2PE05336M413204, California license number:
83C47Y,
2004 Honda CRF250X Motorcycle, VIN:

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Final Judgment of Forfeiture

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d.

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e.
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4.

JH2ME11184K000863, California license number:
Z26N82,
2006 Yamaha TT-R230 Motorcycle, VIN:
9C6CG19Y560013660, California license number:
14E21L, and
1984 Case 580E Backhoe with scraper bucket, VIN:
17033151.

That the United States and its servants, agents, and

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employees and all other public entities, their servants, agents,

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and employees, are released from any and all liability arising out

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of or in any way connected with the seizure, arrest, or forfeiture

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of the defendant assets.

This is a full and final release applying

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to all unknown and unanticipated injuries, and/or damages arising

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out of said seizure, arrest, or forfeiture, as well as to those now

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known or disclosed.

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California Civil Code § 1542.

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5.

The parties waived the provisions of

Claimant Jonathan Todd Farrell waived any and all claim or

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right to interest that may have accrued on the defendant currency

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being forfeited to the United States.

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6.

All parties are to bear their own costs and attorneys'

fees.
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The U.S. District Court for the Eastern District of

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California, Hon. Garland E. Burrell, Jr., District Judge, shall

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retain jurisdiction to enforce the terms of this Final Judgment of

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Forfeiture.

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Dated:

February 24, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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Final Judgment of Forfeiture