United States of America v. 2006 BMW 750Li, VIN: WBAHN83506DT30035, License Number: 5RLP132

Filing 8

AMENDED ORDER FOR PUBLICATION signed by Magistrate Judge Kendall J. Newman on 2/11/2013. (Zignago, K.)

4

BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

1
2
3

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

2:13-CV-00194-MCE-KJN
AMENDED APPLICATION AND
ORDER FOR PUBLICATION

v.
2006 BMW 750LI, VIN:
WBAHN83506DT30035, LICENSE
NUMBER: 5RLP132,
Defendant.

16
17
18

The United States of America applies for an order of publication as follows:

19

1.

Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and

20 Asset Forfeiture Actions (hereafter “Supplemental Rules”) provides that the United States
21 shall cause public notice of the action to be given in a newspaper of general circulation or
22 on the official internet government forfeiture site;
23

2.

Local Rule 171, Eastern District of California, provides that the Court shall

24 designate by order the appropriate newspaper or other vehicle for publication;
25

3.

The defendant 2006 BMW 750Li, VIN: WBAHN83506DT30035, License

26 Number: 5RLP132 was seized in the city of Antelope, in Sacramento County, California.
27 The Internal Revenue Service – Criminal Investigation published notice of the non-judicial
28
29
30

1

Amended Application and Order for
Publication

1 forfeiture of the defendant vehicle on October 4, 11 and 18, 2012, in The Daily Recorder1;
4.

2

The United States proposes that publication be made as follows:

3

a.

One publication;

4

b.

Thirty (30) consecutive days;

5

c.

On the official internet government forfeiture site www.forfeiture.gov;

6

d.

The publication is to include the following:

7

(1)

The Court and case number of the action;

8

(2)

The date of the seizure/posting;

9

(3)

The identity and/or description of the property seized/posted;

10

(4)

The name and address of the attorney for the United States;

11

(5)

A statement that claims of persons entitled to possession or

12 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and
13 served on the attorney for the United States no later than 60 days after the first day of
14 publication on the official internet government forfeiture site; and
(6)

15

A statement that answers to the Complaint or a motion under

16 Rule 12 of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) must be filed
17 and served within 21 days after the filing of the claims and, in the absence thereof, default
18 may be entered and condemnation ordered.
19 Dated:

2/7/13

20

BENJAMIN B. WAGNER
United States Attorney
By: /s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

21
22

ORDER

23

IT IS SO ORDERED.
24 Date: 2/11/2013
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
29
30

1

The original Application and Order for Publication, filed on February 1, 2013, contained a typographical error concerning
the name of the newspaper used to publish the non-judicial forfeiture. The misspelling has been corrected to reflect that
publication was completed in the “The Daily Recorder,” and not “The Dailey Recorder.”

2

Amended Application and Order for
Publication