United States of America v. Approximately $20,000.00 in U.S. Currency
Filing
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FINAL JUDGMENT OF FORFEITURE signed by Judge Frank C. Damrell, Jr on 7/20/11. (Kaminski, H)
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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: (916) 554-2700
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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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FINAL JUDGMENT OF FORFEITURE
Plaintiff,
v.
APPROXIMATELY $20,000.00 IN
U.S. CURRENCY,
Defendant.
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2:11-CV-00320-FCD-KJN
UNITED STATES OF AMERICA,
_______________________________
Pursuant to the Stipulation for Final Judgment of
Forfeiture, the Court finds:
This is a civil forfeiture action against the Approximately
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$20,000.00 in U.S. Currency (hereafter "defendant currency”)
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seized on or about September 16, 2010.
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2.
A Verified Complaint for Forfeiture In Rem ("Complaint")
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was filed on February 3, 2011, alleging that said defendant
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currency is subject to forfeiture to the United States of America
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pursuant to 21 U.S.C. § 881(a)(6). Doc #1.
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3.
On or about February 4, 2011, the Clerk issued a Warrant
for Arrest for the defendant currency, and that warrant was duly
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Final Judgment of Forfeiture
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executed on February 18, 2011.
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4.
Docs. #3,7, respectively.
Beginning on February 13, 2011, 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 March 16, 2011.
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5.
A Declaration of Publication was filed
Doc #10.
In addition to the public notice on the official
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internet government forfeiture site www.forfeiture.gov, actual
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notice or attempted notice was given to the following individual:
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Audrey McClellan.
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The Clerk of the Court entered a Clerk's Certificate of
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Entry of Default against Audrey McClellan on May 3, 2011.
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#14.
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to Set Aside Default and Permit Filing of Claim and Answer.
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#21.
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Default Against Audrey McClellan and allowed the responsive
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pleadings submitted by the claimant to be filed by the Clerk.
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Doc #23.
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Doc
On May 16, 2011, the parties filed a Stipulation and Order
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On June 10, 2011, the Court set aside the Clerk’s Entry of
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Claimant filed a verified claim to the defendant
currency and answer to the complaint on May 9, 2011.
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Docs. #17-
No other parties have filed claims or answers in this
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matter and the time for which any person or entity may file a
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claim and answer has expired.
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Based on the above findings, and the files and records of
this Court, it is hereby
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ORDERED AND ADJUDGED:
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1.
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The Court adopts the Stipulation for Final Judgment of
Forfeiture entered into by and between the parties to this
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Final Judgment of Forfeiture
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action.
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2.
Judgment is hereby entered against Audrey McClellan, and
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all other potential claimants who have not filed claims in this
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action.
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3.
Upon entry of a Final Judgment of Forfeiture, $10,250.00
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of the $20,000.00 in U.S. Currency, together with any interest
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that may have accrued on that amount, shall be forfeited to the
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United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed
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of according to law.
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4.
Upon entry of a Final Judgment of Forfeiture herein, but
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no later than 60 days thereafter, $9,750.00 of the $20,000.00 in
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U.S. Currency, together with any interest that may have accrued
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on that amount, shall be returned to claimant Audrey McClellan
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through her attorney Stephen A. Munkelt.
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5.
Plaintiff United States of America and its servants,
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agents, and employees and all other public entities, their
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servants, agents, and employees, are released from any and all
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liability arising out of or in any way connected with the
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seizure, arrest, or forfeiture of the defendant properties.
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is a full and final release applying to all unknown and
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unanticipated injuries, and/or damages arising out of said
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seizure, arrest, or forfeiture, as well as to those now known or
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disclosed.
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of California Civil Code § 1542.
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6.
This
The parties to the stipulation waived the provisions
Pursuant to the stipulation of the parties, no party
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substantially prevailed in this action within the meaning of 28
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U.S.C. § 2465.
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7.
Pursuant to the stipulation of the parties, and the
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Final Judgment of Forfeiture
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allegations set forth in the Complaint filed on or about February
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3, 2011, 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
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shall be entered accordingly.
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8.
Each party shall bear its own costs and attorney's fees.
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9.
The Court shall maintain jurisdiction to enforce the
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terms of this Final Judgment of Forfeiture.
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SO ORDERED THIS 20th day of July, 2011.
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_______________________________________
FRANK C. DAMRELL, JR.
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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February 3, 2011, 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 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: July 20, 2011
_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
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Final Judgment of Forfeiture
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