United States of America v. Approximately $18,000.00 seized from Chase Bank account number 3121639956, et. al.
Filing
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ORDER FOR PUBLICATION as to Approximately $18,000.00 seized from Chase Bank account number 3121639956, Approximately $5,000.00 in U.S. Currency signed by Magistrate Judge Gregory G. Hollows on 10/15/2012. (Michel, G)
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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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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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2:12-CV-02501-LKK-GGH
APPLICATION AND ORDER
FOR PUBLICATION
v.
APPROXIMATELY $18,000.00 SEIZED
FROM CHASE BANK ACCOUNT
NUMBER 3121639956, HELD IN THE
NAME OF MARIANO VALLEJO, and
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APPROXIMATELY $5,000.00 IN U.S.
CURRENCY,
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Defendants.
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The United States of America applies for an order of publication as follows:
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1.
Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims
22 and Asset Forfeiture Actions (hereafter “Supplemental Rules”) provides that the
23 United States shall cause public notice of the action to be given in a newspaper of
24 general circulation or on the official internet government forfeiture site;
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2.
Local Rule 171, Eastern District of California, provides that the Court
26 shall designate by order the appropriate newspaper or other vehicle for publication;
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3.
The defendant Approximately $18,000.00 seized from Chase Bank
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Application and Order for Publication
1 account number 3121639956, held in the name of Mariano Vallejo was seized in the
2 city of Sacramento, in Sacramento County, California, and the Approximately
3 $5,000.00 in U.S. Currency was seized in the city of Live Oak, in Sutter County,
4 California. The Drug Enforcement Administration published notice of the non-judicial
5 forfeiture of the defendant Approximately $18,000.00 seized from Chase Bank1 on May
6 29, June 5 and 12, 2012, in The Wall Street Journal. The Drug Enforcement
7 Administration published notice of the non-judicial forfeiture of the defendant
8 Approximately $5,000.00 in U.S. Currency on May 21, 28, and June 4, 2012, in The
9 Wall Street Journal;
4.
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The United States proposes that publication be made as follows:
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a.
One publication;
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b.
Thirty (30) consecutive days;
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c.
On the official internet government forfeiture site
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d.
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The publication is to include the following:
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(1)
The Court and case number of the action;
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(2)
The date of the seizure/posting;
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(3)
The identity and/or description of the property seized/posted;
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(4)
The name and address of the attorney for the United States;
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(5)
A statement that claims of persons entitled to possession or
21 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court
22 and served on the attorney for the United States no later than 60 days after the first
23 day of publication on the official internet government forfeiture site; and
(6)
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A statement that answers to the Complaint or a motion
25 under Rule 12 of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) must be filed
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A total of $34,000.00 was seized from the bank account based on a federal seizure warrant, but only $18,000.00 was
claimed in the administrative forfeiture proceeding.
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Application and Order for Publication
1 and served within 21 days after the filing of the claims and, in the absence thereof,
2 default may be entered and condemnation ordered.
3 Dated:
10/4/12
BENJAMIN B. WAGNER
United States Attorney
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By: /s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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ORDER
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IT IS SO ORDERED.
12 Dated: October 15, 2012
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/s/ Gregory G. Hollows
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UNITED STATES MAGISTRATE JUDGE
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Application and Order for Publication
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