United States of America v. Approximately $50,001.71 in U.S. Currency, seized from Safe Credit Union Personal Savings Account Number 409977-0

Filing 22

FINAL JUDGMENT OF FORFEITURE signed by Judge Kimberly J. Mueller on 12/19/13. (Kaminski, H)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
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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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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APPROXIMATELY $50,001.71 IN U.S.
CURRENCY SEIZED FROM SAFE
CREDIT UNION PERSONAL SAVINGS
ACCOUNT NUMBER 409977-0,

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2:13-CV-00202-KJM-EFB

FINAL JUDGMENT OF
FORFEITURE

Defendant.

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Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

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1.

This is a civil action in rem brought against Approximately $50,001.71 in

20 U.S. Currency seized from Safe Credit Union Personal Savings Account Number
21 409977-0 (hereafter “defendant funds”), which was seized on or about September 21,
22 2012.
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on

24 February 1, 2013, alleging that said defendant currency is subject to forfeiture to the
25 United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 984, and 31 U.S.C. § 5317(c)(2).
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3.

On February 4, 2013, the Clerk issued a Warrant for Arrest for the

27 defendant currency, and that warrant was duly executed on February 22, 2013.
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Final Judgment of Forfeiture

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4.

Beginning on February 6, 2013, for at least 30 consecutive days, the United

2 States published Notice of the Forfeiture Action on the official internet government
3 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on March 8,
4 2013.
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5.

In addition to the public notice on the official internet government forfeiture

6 site www.forfeiture.gov, claimant was served by U.S. Mail and personal service.
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6.

Claimant filed a Verified Claim on March 1, 2013 alleging an interest in the

8 defendant funds. No other parties have filed claims or answers in this matter, and the
9 time in which any person or entity may file a claim and answer has expired.
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Based on the above findings, and the files and records of the Court, it is hereby

11 ORDERED AND ADJUDGED:
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7.

The Court adopts the Stipulation for Final Judgment of Forfeiture entered

13 into by and between the parties to this action.
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8.

Judgment is hereby entered against claimant Michael P. Baddley and all

15 other potential claimants who have not filed claims in this action.
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9.

Upon entry of a Final Judgment of Forfeiture, $10,000.00 of the $50,001.71

17 in U.S. Currency, together with any interest that may have accrued on the total amount
18 seized, shall be forfeited to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and
19 984, and 31 U.S.C. § 5317(c)(2), to be disposed of according to law.
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10.

Upon entry of a Final Judgment of Forfeiture herein, but no later than 60

21 days thereafter, $40,001.71 of the $50,001.71 in U.S. Currency shall be returned to
22 claimant.
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That the United States and its servants, agents, and employees and all other

24 public entities, their servants, agents, and employees, are released from any and all
25 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the
26 defendant currency. This is a full and final release applying to all unknown and
27 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as
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Final Judgment of Forfeiture

1 well as to those now known or disclosed. The parties waived the provisions of California
2 Civil Code § 1542.
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12.

Claimant waived any and all claim or right to interest that may have

4 accrued on the defendant funds.
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13.

That pursuant to the stipulation of the parties, and the allegations set forth

6 in the Complaint filed on February 1, 2013, the Court finds that there was reasonable
7 cause for the seizure and arrest of the defendant funds, and for the commencement and
8 prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28
9 U.S.C. § 2465 shall be entered accordingly.
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14.

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

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15.

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

12 J. Mueller, District Judge, shall retain jurisdiction to enforce the terms of this Final
13 Judgment of Forfeiture.
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SO ORDERED THIS 19th day of December, 2013.

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KIMBERLY J. MUELLER
UNITED STATES DISTRICT JUDGE
United States District Judge

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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint filed February 1, 2013, and

21 the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this
22 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable
23 cause for the seizure and arrest of the defendant funds, and for the commencement and
24 prosecution of this forfeiture action.
25 Dated: December 19, 2013.
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KIMBERLY J. DISTRICT
UNITED STATESMUELLERJUDGE
United States District Judge

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Final Judgment of Forfeiture