United States of America v. Approximately $21,054.00 in U.S. Currency

Filing 14

FINAL JUDGMENT OF FORFEITURE signed by Chief Judge Morrison C. England, Jr on 5/28/14. (Manzer, C)

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4 BENJAMIN B. WAGNER United States Attorney JEFFREY A. SPIVAK 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, Plaintiff, 12 13 v. 2:13-CV-02043-MCE-DAD FINAL JUDGMENT OF FORFEITURE 14 APPROXIMATELY $21,054.00 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 action in rem brought Approximately $21,054.00 in U.S. 19 Currency (“Defendant Currency”), which was seized on or about May 1, 2013. 20 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on October 21 1, 2013, alleging that the Defendant Currency is subject to forfeiture to the United States 22 pursuant to 21 U.S.C. § 881(a)(6). 23 3. On October 2, 2013, the Clerk issued a Warrant for Arrest for the Defendant 24 Currency, and that warrant was executed on October 9, 2013. 25 4. Beginning on October 4, 2013, for at least 30 consecutive days, the United 26 States published Notice of the Forfeiture Action on the official internet government 27 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on November 5, 28 2013. 29 1 Final Judgment of Forfeiture 1 5. In addition to the public notice on the official internet government forfeiture 2 site www.forfeiture.gov, actual notice or attempted notice was given to the following 3 individual(s): a. 4 5 6. Sami Weber Claimant Sami Weber (“Claimant”) filed a claim alleging an interest in the 6 Defendant Currency on November 6, 2013, and an answer to the complaint on November 7 19, 2013. No other parties have filed claims or answers in this matter, and the time in 8 which any person or entity may file a claim and answer has expired. 9 Based on the above findings, and the files and records of the Court, it is hereby 10 ORDERED AND ADJUDGED: 11 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered 12 into by and between the parties to this action. 13 2. That judgment is hereby entered against claimant Sami Weber and all other 14 potential claimants who have not filed claims in this action. 15 3. Upon entry of a Final Judgment of Forfeiture, $14,554.00 of the $21,054.00 in 16 U.S. Currency, together with any interest that may have accrued on the total amount 17 seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 18 disposed of according to law. 19 4. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days 20 thereafter, $6,500.00 of the $21,054.00 in U.S. Currency shall be returned to claimant Sami 21 Weber through his attorney Justin Mixon. 22 5. The United States and its servants, agents, and employees and all other 23 public entities, their servants, agents, and employees, are released from any and all 24 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the 25 Defendant Currency. This is a full and final release applying to all unknown and 26 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as 27 well as to those now known or disclosed. The parties waived the provisions of California 28 Civil Code § 1542. 29 2 Final Judgment of Forfeiture 1 6. Claimant waived any and all claim or right to interest that may have accrued 2 on the Defendant Currency. 3 7. All parties are to bear their own costs and attorneys' fees. 4 8. The U.S. District Court for the Eastern District of California, Hon. Morrison 5 C. England, Jr., District Judge, shall retain jurisdiction to enforce the terms of this Final 6 Judgment of Forfeiture. CERTIFICATE OF REASONABLE CAUSE 7 8 9. Based upon the allegations set forth in the Complaint filed October 1, 2013, 9 and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 10 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable 11 cause for the seizure and arrest of the Defendant Currency, and for the commencement and 12 prosecution of this forfeiture action. 13 IT IS SO ORDERED. 14 Dated: May 28, 2014 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3 Final Judgment of Forfeiture

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