United States of America v. Approximately $25,900.00 in U.S. Currency

Filing 32

FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 8/12/14. The Court ADOPTS the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. Judgment is entered against claimant Gerard Richard and all other potential claimants who have not filed claims in this action. Upon entry of this Final Judgment of Forfeiture, $18,900.00 of the $25,900.00 in U.S. Currency, together with any interest that may have accrued on the total amoun t seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, $7,000.00 of the $25,900.00 in U.S. Currency shall be returned to claimant Gerard Richard. CASE CLOSED.(Mena-Sanchez, L)

Download PDF
4 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 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, 2:13-CV-00858-JAM-DAD 12 FINAL JUDGMENT OF FORFEITURE 13 Plaintiff, v. 14 APPROXIMATELY $25,900.00 IN U.S. CURRENCY, 15 Defendant. 16 17 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 18 1. This is a civil forfeiture action in rem against Approximately $25,900.00 in U.S. Currency 19 (“defendant currency”) seized on or about November 8, 2012. 20 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on May 2, 2013, 21 alleging that the defendant currency is subject to forfeiture to the United States pursuant to 21 U.S.C. § 22 881(a)(6). 23 3. On May 13, 2013, the Clerk issued a Warrant for Arrest for the defendant currency, and 24 that warrant was executed on June 3, 2013. 25 4. Beginning on May 16, 2013, for at least 30 consecutive days, the United States published 26 Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A 27 Declaration of Publication was filed on June 20, 2013. 28 5. In addition to the public notice on the official internet government forfeiture site 1 Final Judgment of Forfeiture 1 www.forfeiture.gov, actual notice or attempted notice was given to Gerard Richard. 2 6. Claimant Gerard Richard (“Claimant”) filed a claim alleging an interest in the defendant 3 currency on November 25, 2013, and an answer to the complaint on December 16, 2013. No other 4 parties have filed claims or answers in this matter, and the time in which any person or entity may file a 5 claim and answer has expired. 6 Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND 7 ADJUDGED: 8 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 9 between the parties to this action. 10 2. That judgment is hereby entered against claimant Gerard Richard and all other potential 11 claimants who have not filed claims in this action. 12 3. Upon entry of this Final Judgment of Forfeiture, $18,900.00 of the $25,900.00 in U.S. 13 Currency, together with any interest that may have accrued on the total amount seized, shall be forfeited 14 to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 15 4. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, 16 $7,000.00 of the $25,900.00 in U.S. Currency shall be returned to claimant Gerard Richard. 17 5. The United States and its servants, agents, and employees and all other public entities, 18 their servants, agents, and employees, are released from any and all liability arising out of or in any way 19 connected with the seizure, arrest, or forfeiture of the defendant currency. This is a full and final release 20 applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure, arrest, or 21 forfeiture, as well as to those now known or disclosed. The parties waived the provisions of California 22 Civil Code § 1542. 23 6. Claimant waived any and all claim or right to interest that may have accrued on the 24 defendant currency. 25 7. All parties are to bear their own costs and attorneys' fees. 26 8. The U.S. District Court for the Eastern District of California, Hon. John A. Mendez, 27 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 28 /// 2 Final Judgment of Forfeiture 1 2 CERTIFICATE OF REASONABLE CAUSE 9. Based upon the allegations set forth in the Complaint filed May 2, 2013, and the 3 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 4 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the 5 defendant currency, and for the commencement and prosecution of this forfeiture action. 6 SO ORDERED THIS 12th day of August, 2014 7 8 9 /s/ John A. Mendez_____________________ JOHN A. MENDEZ United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Final Judgment of Forfeiture

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?