United States of America v. Approximately $658,830.00 in U.S. Currency

Filing 121

FINAL JUDGMENT OF FORFEITURE signed by Judge Morrison C. England, Jr. on 10/15/2012. CASE CLOSED. (Zignago, K.)

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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.
APPROXIMATELY $658,830.00 IN
U.S. CURRENCY,

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Defendant.
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) 2:11-CV-00967-MCE-KJN
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) FINAL JUDGMENT OF
) FORFEITURE
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The Court finds as follows:

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1. This is a civil forfeiture action against Approximately $658,830.00 in U.S.

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Currency (hereafter “defendant currency”) seized on October 8, 2010, at 1380 Shore

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Street, West Sacramento, California.

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2. The United States filed a Verified Complaint for Forfeiture In Rem on

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April 11, 2011, alleging that the defendant currency is subject to forfeiture to the

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United States of America pursuant to 21 U.S.C. § 881(a)(6).

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3. On April 12, 2011, the Clerk issued a Warrant for Arrest for the defendant

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currency, and that warrant was duly executed on April 13, 2011.

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Final Judgment of Forfeiture

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4. Beginning on April 16, 2011, for at least 30 consecutive days, the United

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States published Notice of the Forfeiture Action on the official internet government

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forfeiture site www.forfeiture.gov. A Declaration for Publication was filed on May

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20, 2011.

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5. In addition to the public notice on the official internet government

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forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to

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the following individuals:

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a.
b.
c.
d.
e.
f.

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Robert D. Gibson
Josh Howell
Jason Howell
Jason Howie
Jeff Howell
James Medina

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6. Claimant Robert D. Gibson filed a claim to the defendant currency and an

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answer to the Complaint on April 21, 2011. Robert D. Gibson filed an amended

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claim and answer on May 11 and 24, 2011. No other parties have filed claims or

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answers in this matter, and the time for filing such claims and answers has expired.

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

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against Josh Howell, Jason Howell, Jason Howie, Jeff Howell, and James Medina

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on June 21, 2011, August 18, 2011, and August 22, 2011.

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8. The United States moved to strike Robert D. Gibson’s claim and answer

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for failing to comply with Supplemental Rules G(5) and G(6), or alternatively, for

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summary judgment. By order filed on September 25, 2012, the Court granted the

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United States’ motion to strike Robert D. Gibson’s claim and answer for failing to

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comply with Supplemental Rules G(5) and G(6), and for summary judgment. A copy

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of the order filed September 25, 2012 is attached hereto as Exhibit A and is

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incorporated herein by this reference.

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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:
1. Judgment is hereby entered against claimant Robert D. Gibson and all
other potential claimants who have not filed claims in this action.

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2. A final judgment of forfeiture is hereby entered in favor of the United

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States and against the defendant Approximately $658,830.00 in U.S. Currency.

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3. All right, title, and interest of Robert D. Gibson in the defendant

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Approximately $658,830.00 in U.S. Currency, together with any interest that may

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have accrued, shall be forfeited to the United States pursuant to 21 U.S.C. §

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881(a)(6), to be disposed of according to law.
4. The United States and its servants, agents, and employees and all other

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public entities, their 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 seizure, arrest, or forfeiture

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of the defendant currency. This is a full and final release applying to all unknown

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and unanticipated injuries, and/or damages arising out of said seizure, arrest, or

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forfeiture, as well as to those now known or disclosed.

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

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

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Morrison C. England, Jr., District Judge, shall retain jurisdiction to enforce the

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terms of this Final Judgment of Forfeiture.

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IT IS SO ORDERED.
Dated: October 15, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Final Judgment of Forfeiture

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