USA v. Approximately $15,000.00 in U.S. Currency
Filing
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FINAL JUDGMENT OF FORFEITURE, signed by District Judge Kimberly J. Mueller on 4/19/11. (Kastilahn, A)
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BENJAMIN B. WAGNER
United States Attorney
LYNN TRINKA ERNCE
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2720
Attorneys for Plaintiff
United States of America
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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 $15,000.00 IN
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U.S. CURRENCY,
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Defendant.
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________________________________)
2:10-CV-2456 KJM GGH
FINAL JUDGMENT OF FORFEITURE
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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$15,000 in U.S. Currency (hereafter “defendant currency”) seized on
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or about November 13, 2009.
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2.
The United States filed a Verified Complaint for
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Forfeiture In Rem (“Complaint”) on September 13, 2010, alleging
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that the defendant currency is subject to forfeiture to the United
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States of America pursuant to 21 U.S.C. § 881(a)(6).
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3.
On or about September 14, 2010, the Clerk issued a Warrant
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for Arrest for the defendant currency, and that warrant was duly
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executed on September 16, 2010.
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Final Judgment of Forfeiture
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4.
Beginning on September 18, 2010, for at least 30
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consecutive days, the United States published Notice of the
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Forfeiture Action on the official internet government forfeiture
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site www.forfeiture.gov.
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on October 22, 2010.
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5.
A Declaration for Publication was filed
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.
Pete O’Dell
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b.
Shelley Couch O’Dell
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c.
Christopher Minor
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d.
Stephen Barney
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6.
Claimants Pete O’Dell and Shelley Couch O’Dell filed a
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verified claim to the defendant currency and an answer to the
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Complaint on October 20, 2010 and filed an amended answer to the
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Complaint on November 9, 2010.
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or answers in this matter, and the time for filing such claims and
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answers has expired.
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7.
No other parties have filed claims
The Clerk of the Court entered a Clerk's Certificate of
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Entry of Default against Christopher Minor and Stephen Barney on
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February 15, 2011.
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and claimants thus join in a request that as part of this Final
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Judgment of Forfeiture the Court enter a default judgment against
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the interests, if any, of Christopher Minor and Stephen Barney
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without further notice.
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Pursuant to Local Rule 540, the United States
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Final Judgment of Forfeiture
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Based on the above findings, and the files and records of the
Court, it is hereby ORDERED AND ADJUDGED:
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1.
The Court adopts the Stipulation for Final Judgment of
Forfeiture entered into by and between the parties to this action.
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2.
That judgment is hereby entered against claimants Pete
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O’Dell and Shelley Couch O’Dell and all other potential claimants
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who have not filed claims in this action.
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3.
Upon entry of this Final Judgment of Forfeiture, $10,000
of the defendant currency, together with any interest that may have
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accrued on the $10,000, shall be forfeited to the United States
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pursuant to 21 U.S.C. § 881(a)(6) to be disposed of according
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to law.
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4.
Upon entry of this Final Judgment of Forfeiture, but no
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later than 60 days thereafter, $5,000 of the defendant currency,
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together with any interest that may have accrued on the $5,000,
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shall be returned to claimants Pete O’Dell and Shelley Couch O’Dell
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through their attorney Jennifer M. Granger via her client trust
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account.
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5.
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 currency.
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applying to all unknown and unanticipated injuries, and/or damages
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arising out of said seizure, arrest, or forfeiture, as well as to
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those now known or disclosed.
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California Civil Code § 1542.
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This is a full and final release
The parties waived the provisions of
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Final Judgment of Forfeiture
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That, pursuant to the stipulation of the parties, and the
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allegations set forth in the Complaint filed on or about September
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13, 2010, the Court finds that there was reasonable cause for the
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seizure and arrest of the defendant currency, and for the
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commencement and prosecution of this forfeiture action, and a
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Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall
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be entered accordingly.
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7.
All parties are to bear their own costs and attorneys'
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The U.S. District Court for the Eastern District of
fees.
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California, Hon. Kimberly J. Mueller, District Judge, shall retain
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jurisdiction to enforce the terms of this Final Judgment of
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Forfeiture.
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SO ORDERED THIS 19th day of April, 2011.
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UNITED STATES DISTRICT JUDGE
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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint filed
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September 13, 2010, and the Stipulation for Final Judgment of
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Forfeiture filed herein, the Court enters this Certificate of
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Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was
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reasonable cause for the seizure or arrest of the defendant
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currency, and for the commencement and prosecution of this
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forfeiture action.
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DATED:
April 19, 2011.
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UNITED STATES DISTRICT JUDGE
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Final Judgment of Forfeiture
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