United States of America v. Approximately $7, 960.00 in U.S. Currency et al

Filing 41

FINAL JUDGMENT OF FORFEITURE signed by Judge Morrison C. England, Jr. on 9/17/2012 ENTERING JUDGMENT against Claimants Lilah Thomasson, Jamarus Smith, and Monique Banks; FORFEITING all right, title, and interest of the property listed herein to the U nited States of America; DIRECTING the U.S. Marshal Service to sell the defendant vehicle and distribute net proceeds, less storage fees, maintenance fees, disposal costs and auctioneer fees as follows: $10,000 to Claimant Lilah Thomasson, the remainder to the United States of America; ORDERING all parties to bear their own costs. District Judge Morrison C. England, Jr. shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. (Michel, G)

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,
v.

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2:10-CV-02167-MCE-KJN
FINAL JUDGMENT OF
FORFEITURE

APPROXIMATELY $7,960.00 IN U.S.
CURRENCY,
APPROXIMATELY $2,260.00 IN U.S.
CURRENCY,

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APPROXIMATELY $3,195.00 IN U.S.
CURRENCY,
APPROXIMATELY $3,927.00 IN U.S.
CURRENCY, and
2007 CADILLAC ESCALADE EXT, VIN:
3GYFK62837G222266, LICENSE
NUMBER 8W03721,

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Defendants.
Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein and the

26 Order Striking Claims of Jamarus Smith and Monique Jene Banks filed September 10,
27 2012, the Court finds:
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Final Judgment of Forfeiture

1.

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This is a civil forfeiture action against the assets listed in the caption above

2 (hereafter “defendant currency” and “defendant vehicle”) seized on or about January 27
3 and April 29, 2010.
2.

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

5 August 12, 2010, alleging that said defendant currency and defendant vehicle are subject
6 to forfeiture to the United States pursuant to 21 U.S.C. §§ 881(a)(4) and (a)(6).
3.

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On August 16, 2010, the Clerk issued a Warrant for Arrest for the defendant

8 currency and defendant vehicle, and that warrant was duly executed on August 19 and
9 September 16, 2010.
4.

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Beginning on August 28, 2010, for at least thirty consecutive days, the United

11 States published Notice of the Forfeiture Action on the official internet government
12 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on September
13 29, 2010.
5.

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

15 site www.forfeiture.gov, actual notice or attempted notice was given to the following
16 individuals:
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a.
b.
c.
d.
e.
f.
g.

Jamarus Smith
Lilah Thomasson
Monique Banks
Gemarr Matthews
Jason Gray
Bruce Louis Haskins1
Deborah Kristin Haskins

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6.

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Claimant Lilah Thomasson filed a claim to the defendant vehicle on

22 September 16 and 17, 2010, and an answer to the complaint on October 6, 2011. Claimant
23 Jamarus Smith filed claims to the defendant currency in the amounts of $7,960.00,
24 $2,260.00 and $3,195.00 on September 16, 17 and 21, 2010. Claimant Monique Jene
25 Banks filed claims to the defendant $3,927.00 in U.S. Currency on September 16 and 17,
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At the time the Complaint was filed the government was provided information that Bruce and Deborah
Haskins were the registered owners of the vehicle that Jamarus Smith was driving when the $7,960.00 in
U.S. Currency was seized. On or about October 5, 2010, the government learned that the Haskins’ had
previously sold the vehicle to Jason Gray.

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Final Judgment of Forfeiture

1 2010. No other parties have filed claims or answers in this matter, and the time in which
2 any person or entity may file a claim and answer has expired.
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7.

An Order was filed September 10, 2012, striking the claims of Jamarus

4 Smith and Monique Banks for failing to comply with Rule G(5) and/or pursuant to Rule
5 G(8)(c)(i)(A)-(B) of the Supplemental Rules for Admiralty or Maritime Claims and Asset
6 Forfeiture Actions because said claimants lack standing. (ECF No. 39).
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8.

The Clerk of the Court entered Clerk's Certificates of Entry of Default

8 against Jason Gray on May 5, 2011, and Gemarr Matthews on June 16, 2011. Pursuant to
9 Local Rule 540, the United States requests that as part of this Final Judgment of
10 Forfeiture the Court enter a default judgment against the interest, if any, of Jason Gray
11 and Gemarr Matthews without further notice.
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Based on the above findings, and the files and records of the Court, it is hereby

13 ORDERED AND ADJUDGED:
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1.

The Court adopts the Stipulation for Final Judgment of Forfeiture entered

15 into by and between the parties to this action.
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2.

That judgment is hereby entered against claimants Lilah Thomasson,

17 Jamarus Smith, and Monique Banks and all other potential claimants who have not filed
18 claims in this action.
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3.

All right, title, and interest of Jamarus Smith and Monique Banks in the

20 defendant Approximately $7,960.00 in U.S. Currency; Approximately $2,260.00 in U.S.
21 Currency; Approximately $3,195.00 in U.S. Currency; and Approximately $3,927.00 in
22 U.S. Currency, together with any interest that may have accrued on those amounts, shall
23 be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of
24 according to law.
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4.

All right, title, and interest of Lilah Thomasson in the defendant 2007

26 Cadillac Escalade EXT, VIN: 3GYFK62837G222266, License Number 8W03721
27 (“defendant vehicle”) shall be forfeited to the United States pursuant to 21 U.S.C. §§
28 881(a)(4) and (a)(6), to be disposed of according to law.
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Final Judgment of Forfeiture

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5.

Upon entry of this Final Judgment of Forfeiture, the U.S. Marshals Service

2 shall sell the defendant vehicle in the most commercially feasible manner, as soon as
3 reasonably possible, for the maximum price. Claimant Lilah Thomasson agrees to execute
4 promptly any documents that may be required to complete the sale of the defendant
5 vehicle.
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6.

Upon the sale of the defendant vehicle, the net sale proceeds, less any storage

7 fees, maintenance fees, disposal costs and auctioneer fees, will be divided as follows:
a.

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To claimant Lilah Thomasson: $10,000.00 of the net proceeds from the
sale of the defendant vehicle.

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b.

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To the United States of America: The remainder of the net sale

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proceeds. All right, title, and interest in said funds shall be

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substituted for the defendant vehicle and forfeited to the United States

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

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according to law.

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7.

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

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

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

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Final Judgment of Forfeiture

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

2 C. England, Jr., District Judge, shall retain jurisdiction to enforce the terms of this Final
3 Judgment of Forfeiture.
IT IS SO ORDERED.

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Dated: September 17, 2012
__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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Final Judgment of Forfeiture