United States of America v. Approximately $400,720.00 in U.S. Currency et al

Filing 12

FINAL 11 JUDGMENT of FORFEITURE signed by Judge Lawrence K. Karlton on 9/25/2013. Judgment is entered against potential claimants Lonnie Terrell, Ruth Jimenez, John Crane, Sue Crane, and Jeremy Terrell and all other potentialclaimants who have not filed claims in this action. All right, title, and interest of Lonnie Terrell, Ruth Jimenez, John Crane, Sue Crane, and Jeremy Terrell in following defendant currency, plus any accrued interest, shall be forfeited to United States pursuant to 21 U.S.C. § 881(a)(6), to bedisposed of according to law. All parties to bear their own costs and attorney's fees. (Marciel, M)

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: [phone]
5 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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2:13-CV-01399-LKK-EFB
FINAL JUDGMENT OF
FORFEITURE

APPROXIMATELY $400,720.00 IN
U.S. CURRENCY,
APPROXIMATELY $294,967.00 IN
U.S. CURRENCY,
APPROXIMATELY $3,073.00 IN
U.S. CURRENCY,
APPROXIMATELY $399,940.00 IN
U.S. CURRENCY, and
APPROXIMATELY $200,000.00 IN
U.S. CURRENCY,

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Defendants.

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Pursuant to the Request for Final Judgment of Forfeiture filed herein, the Court

25 finds:
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1.

This is a civil forfeiture action against defendants Approximately $400,720.00

27 in U.S. Currency, Approximately $294,967.00 in U.S. Currency, Approximately $3,073.00
28 in U.S. Currency, Approximately $399,940.00 in U.S. Currency, and Approximately
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Final Judgment of Forfeiture

1 $200,000.00 in U.S. Currency (hereafter “defendant currency”) seized on or about October
2 27, 2010.
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2.

The United States and potential claimant Lonnie Terrell entered into several

4 Stipulations and Orders extending the United States’ time to file a complaint in Case No.
5 2:11-MC-00021-LKK-KJN. The last Order was entered on June 21, 2013, and it extended
6 the time to file the complaint to August 9, 2013.
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3.

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

8 12, 2013, alleging that said defendant currency is subject to forfeiture to the United States
9 pursuant to 21 U.S.C. § 881(a)(6).
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4.

On July 15, 2013, the Clerk issued a Warrant for Arrest for the defendant

11 currency, and that warrant was duly executed on July 22 and August 9, 2013.
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5.

Beginning on July 18, 2013, for at least thirty consecutive days, the United

13 States published Notice of the Forfeiture Action on the official internet government
14 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on August 26,
15 2013.
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6.

On November 27, 2012 pursuant to a Stipulation for Consent Judgment of

17 Forfeiture, potential claimant Jeremy Terrell agreed to forfeit all of his right, title, and
18 interest in the defendant Approximately $399,940.00 in U.S. Currency, plus any accrued
19 interest, to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of
20 according to law. That Stipulation is attached and incorporated as Exhibit A to the
21 Request for Final Judgment of Forfeiture filed herein.
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7.

On June 4 and 5, 2013 pursuant to a Stipulation for Consent Judgment of

23 Forfeiture, potential claimants Lonnie Terrell, Ruth Jimenez, John Crane, and Sue
24 Crane agreed to forfeit all of their right, title, and interest in the following defendant
25 currency, plus any accrued interest, to the United States pursuant to 21 U.S.C. §
26 881(a)(6), to be disposed of according to law:
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a.
b.
c.

Approximately $400,720.00 in U.S. Currency,
Approximately $294,967.00 in U.S. Currency,
Approximately $3,073.00 in U.S. Currency,
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Final Judgment of Forfeiture

d.
e.

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Approximately $399,940.00 in U.S. Currency, and
Approximately $200,000 in U.S. Currency.

2 That Stipulation is attached and incorporated as Exhibit B to the Request for Final
3 Judgment of Forfeiture filed herein.
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Based on the above findings, and the files and records of the Court, it is hereby

5 ORDERED AND ADJUDGED:
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1.

That judgment is hereby entered against potential claimants Lonnie Terrell,

7 Ruth Jimenez, John Crane, Sue Crane, and Jeremy Terrell and all other potential
8 claimants who have not filed claims in this action.
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2.

All right, title, and interest of Lonnie Terrell, Ruth Jimenez, John Crane,

10 Sue Crane, and Jeremy Terrell in the following defendant currency, plus any accrued
11 interest, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be
12 disposed of according to law:
a.
b.
c.
d.
e.

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3.

Approximately $400,720.00 in U.S. Currency,
Approximately $294,967.00 in U.S. Currency,
Approximately $3,073.00 in U.S. Currency,
Approximately $399,940.00 in U.S. Currency, and
Approximately $200,000 in U.S. Currency.

That the United States and its servants, agents, and employees and all other

17 public entities, their servants, agents, and employees, are released from any and all
18 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the
19 defendant currency. This is a full and final release applying to all unknown and
20 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as
21 well as to those now known or disclosed. The potential claimants waived the provisions of
22 California Civil Code § 1542.
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4.

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

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SO ORDERED THIS 25th day of September, 2013.

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Final Judgment of Forfeiture