United States of America v. Approximately $97,972.70 in U.S. Currency

Filing 4

APLICATION AND ORDER FOR PUBLICATION signed by Magistrate Judge Gregory G. Hollows on 10/09/12. (Mena-Sanchez, L)

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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: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 17 2:12-CV-02452-JAM-GGH APPLICATION AND ORDER FOR PUBLICATION v. APPROXIMATELY $97,972.70 IN U.S. CURRENCY SEIZED FROM SAFE CREDIT UNION BUSINESS CHECKING ACCOUNT NUMBER 499150, HELD IN THE NAME OF INDOOR SUN AND GARDEN, Defendant. 18 19 20 The United States of America, Plaintiff herein, applies for an order of 21 publication as follows: 22 1. Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims 23 and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the 24 Plaintiff shall cause public notice of the action to be given in a newspaper of general 25 circulation or on the official internet government forfeiture site; 26 2. Local Rule 171, Eastern District of California, provides that the Court 27 shall designate by order the appropriate newspaper or other vehicle for publication; 28 29 30 3. The defendant Approximately $97,972.70 in U.S. Currency seized from 1 Application and Order for Publication 1 Safe Credit Union Business Checking Account Number 499150, held in the name 2 Indoor Sun and Garden ("defendant funds") was seized on August 7, 2012 in 3 Sacramento, in Sacramento County, California. 4 4. The United States proposes that publication be made as follows: 5 a. One publication; 6 b. Thirty (30) consecutive days; 7 c. On the official internet government forfeiture site www.forfeiture.gov; 8 9 d. The publication is to include the following: 10 (1) The Court and case number of the action; 11 (2) The date of the seizure/posting; 12 (3) The identity and/or description of the property 13 seized/posted; 14 (4) 15 Plaintiff; 16 (5) The name and address of the attorney for the A statement that claims of persons entitled to 17 possession or claiming an interest pursuant to Supplemental Rule G(5) must be filed 18 with the Court and served on the attorney for the Plaintiff no later than 60 days after 19 the first day of publication on the official internet government forfeiture site; and 20 (6) A statement that answers to the Complaint or a 21 motion under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 29 30 2 Application and Order for Publication 1 be filed and served within 21 days after the filing of the claims and, in the absence 2 thereof, default may be entered and condemnation ordered. 3 4 Dated: 9/28/12 BENJAMIN B. WAGNER United States Attorney 5 6 By: 7 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 8 9 10 11 IT IS SO ORDERED. 12 Dated: October 9, 2012 13 /s/ Gregory G. Hollows ________________________________________ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 Application and Order for Publication

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