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

Filing 5

ORDER FOR PUBLICATION signed by Magistrate Judge Edmund F. Brennan on 7/17/2013. (Zignago, K.)

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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: [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,
Plaintiff,

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v.

2:13-CV-01399-LKK-EFB
APPLICATION AND ORDER FOR
PUBLICATION

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,
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 and

26 Asset Forfeiture Actions (hereafter “Supplemental Rules”) provides that the United States
27 shall cause public notice of the action to be given in a newspaper of general circulation or
28 on the official internet government forfeiture site;
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Application and Order for Publication

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2.

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

2 designate by order the appropriate newspaper or other vehicle for publication;
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3.

The defendant Approximately $400,720.00 in U.S. Currency was seized in

4 the city of Nipomo, in San Luis Obispo County, California. The defendants Approximately
5 $294,967.00 in U.S. Currency, Approximately $3,073.00 in U.S. Currency, and
6 Approximately $200,000.00 in U.S. Currency were seized in the city of Tracy, in San
7 Joaquin County, California. The defendant Approximately $399,940.00 in U.S. Currency
8 was seized in the city of Manteca, in San Joaquin County, California.

The Drug

9 Enforcement Administration published notice of the non-judicial forfeiture of the
10 defendants $400,720.00, $294,967.00, $3,073.00 and $399,940.00 in U.S. Currency on
11 December 13, 20 and 27, 2010, in the Wall Street Journal. The Drug Enforcement
12 Administration published notice of the non-judicial forfeiture of the defendant $200,000.00
13 in U.S. Currency on December 20, 27, 2010 and January 3, 2011, in the Wall Street
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4.

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 www.forfeiture.gov;

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d.

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

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

(6)

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A statement that answers to the Complaint or a motion under

2 Rule 12 of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) must be filed and served
3 within 21 days after the filing of the claims and, in the absence thereof, default may be
4 entered and condemnation ordered.
5 Dated: 7/11/13

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: July 17, 2013
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Application and Order for Publication