USA v. Approximately $75,750.00 in U.S. Currency et al

Filing 26

FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 3/3/14 re 25 . (Meuleman, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 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,

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v.

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2:10-CV-01272-JAM-EFB

FINAL JUDGMENT OF
FORFEITURE

APPROXIMATELY $75,750.00 IN
U.S. CURRENCY,
APPROXIMATELY $27,910.00 IN U.S.
CURRENCY, and
2006 BRISTERS TW413 TRAIL WAGON
UTV, VIN:BDMUTXH1K7A09112A,

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Defendants.

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Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

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1.

This is a civil action in rem brought against Approximately $75,750.00 in

22 U.S. Currency; Approximately $27,910.00 in U.S. Currency; and a 2006 Bristers
23 TW413 Trail Wagon UTV, VIN: BDMUTXH1K7A09112A (hereafter collectively
24 “defendant assets”). The defendant assets were seized on or about November 4, 2009.
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2.

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

26 May 21, 2010, alleging that defendant assets are subject to forfeiture to the United
27 States pursuant to 21 U.S.C. §§ 881(a)(4) and (a)(6).
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1

Final Judgment of Forfeiture

1

3.

On May 26, 2010, the Clerk issued a Warrant for Arrest for the defendant

2 assets and that warrant was duly executed on May 27, 2010 for the defendant currency
3 and June 2, 2010 for the defendant vehicle.
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4.

Beginning on May 27, 2010, for at least thirty consecutive days, the

5 United States published Notice of the Forfeiture Action on the official internet
6 government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed
7 on July 22, 2013.
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5.

In addition to the public notice on the official internet government

9 forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the
10 following individual(s):
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a.

Clifford Josef Young

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b.

Kathleen Marie Dockstader

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c.

Frances Jaynes

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6.

Claimants filed claims alleging an interest in the defendant assets on

15 June 25, 2010 and filed answers on July 14, 2010. No other parties have filed claims or
16 answers in this matter, and the time in which any person or entity may file a claim and
17 answer has expired.
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Based on the above findings, and the files and records of the Court, it is hereby

19 ORDERED AND ADJUDGED:
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7.

The Court adopts the Stipulation for Final Judgment of Forfeiture entered

21 into by and between the parties to this action.
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8.

Judgment is hereby entered against claimants Clifford Josef Young,

23 Kathleen Marie Dockstader, Frances Jaynes and all other potential claimants who
24 have not filed claims in this action.
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9.

All right, title, and interest of Clifford Josef Young, Kathleen Marie Young

26 (Dockstader) and Frances Jaynes in the following defendant assets, together with any
27 interest that may have accrued, shall be forfeited to the United States pursuant to 21
28 U.S.C. §§ 881(a)(4) and (a)(6), to be disposed of according to law:
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Final Judgment of Forfeiture

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a.

Approximately $75,750.00 in U.S. Currency;

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b.

Approximately $27,910.00 in U.S. Currency; and

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c.

2006 Bristers TW413 Trail Wagon UTV, VIN:
BDMUTXH1K7A09112A.

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5

10.

That the United States and its servants, agents, and employees and all

6 other public entities, their servants, agents, and employees, are released from any and
7 all liability arising out of or in any way connected with the seizure, arrest, or forfeiture
8 of the defendant currency. This is a full and final release applying to all unknown and
9 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture,
10 as well as to those now known or disclosed. The parties waived the provisions of
11 California Civil Code § 1542.
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11.

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

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12.

As part of his plea agreement in the following parallel criminal case 2:10-

14 CR-00222-JAM, Clifford Josef Young agrees to forfeit the 2009 Chrysler PT Cruiser,
15 VIN: 3A8FY48909T513125 in the criminal case and all the assets listed in 9(a-c) of the
16 instant action. The United States agrees to execute a Stipulation for Dismissal in the
17 following related case: U.S. v. Real Property located at 28953 State Highway 49, North
18 San Juan, California, 2:10-CV-02614 JAM/EFB.
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13.

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

20 A. Mendez, District Judge, shall retain jurisdiction to enforce the terms of this Final
21 Judgment of Forfeiture.
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SO ORDERED THIS 3rd day of March, 2014.

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/s/ John A. Mendez_______________
JOHN A. MENDEZ
United States District Court Judge

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Final Judgment of Forfeiture