United States of America v. Approximately $27,353.00 in U.S. Currency

Filing 14

CONSENT JUDGMENT OF FORFEITURE signed by District Judge Troy L. Nunley on 1/17/14. (Manzer, C)

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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: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 2:13-MC-00064-TLN-KJN v. CONSENT JUDGMENT OF FORFEITURE APPROXIMATELY $27,353.00 IN U.S. CURRENCY, 15 Defendant. 16 17 Pursuant to the Stipulation for Consent Judgment of Forfeiture, the Court finds: 18 1. On February 12, 2013, the Drug Enforcement Administration (hereafter 19 “DEA”) seized Approximately $27,353.00 in U.S. Currency (the “defendant currency”). 20 2. The DEA commenced administrative forfeiture proceedings, sending direct 21 notice to all known potential claimants and publishing notice to all others. On or about 22 April 4, 2013, the DEA received a claim from Alen Alesevic (“Alesevic”) asserting an 23 ownership interest in the defendant currency. 24 3. The United States represents that it could show at a forfeiture trial that on 25 February 12, 2013, the DEA received information regarding suspicious travel by Alesevic, 26 who was traveling on United Airlines from Houston, TX to Sacramento, CA. Agents 27 learned that Alesevic had several prior arrests for drug violations, assault, theft and 28 29 30 1 Consent Judgment of Forfeiture 1 trespassing. Based on this information, agents responded to the Sacramento 2 International Airport to speak with Alesevic. 3 4. When Alesevic arrived in Sacramento on February 12, 2013, agents observed 4 him exit the jet way walking away from the gate for his connecting flight to Arcata, CA. 5 DEA agent RJ Britt (“Britt”), displaying his badge, approached Alesevic, identified 6 himself as law enforcement and asked permission to speak with him. When asked where 7 he was traveling, Alesevic said Arcata to see his girlfriend. He said he planned on 8 staying in Arcata for two days. When asked if the carry-on bag was the only luggage he 9 was traveling with, Alesevic said it was. He gave the agent permission to search him and 10 his luggage. Britt found two white bank envelopes, one from Shell Federal Credit Union 11 and one from Bank of America. Britt asked Alesevic how much currency was in the 12 envelopes and he stated about $10,000. Britt stated that the amount in the envelopes 13 looked like much more than $10,000 and Alesevic said he didn’t know because he didn’t 14 count it. DEA agent Jim Delaney (“Delaney”) joined the conversation between Britt and 15 Alesevic. Delaney asked Alesevic if he was carrying any more currency on his person and 16 Alesevic pulled out a wad of currency from one of his pants pockets. Alesevic stated it 17 was between $1,000 and $2,000, but he did not know how much for sure because he said 18 he didn’t count it. 19 5. Britt asked Alesevic what the source of the money was and Alesevic stated 20 that it was from his trucking business, Europe Express Incorporated, in which he has 21 owned and operated with his father for the last ten years. Alesevic further stated that he 22 withdrew all the money from the bank earlier that day to purchase a trailer in Eureka, 23 CA. Alesevic also said some of the money was for gambling in a casino in Eureka, 24 although he could not remember the name of the casino even though he said he had 25 gambled there on two other occasions. Alesevic further stated that California didn’t have 26 Bank of America branches and that is why he brought the cash with him. 27 6. Britt asked Alesevic again how long he planned on staying in Eureka and he 28 said about four days even though he told Britt he was staying for two days earlier. He 2 Consent Judgment of Forfeiture 29 30 1 told Britt between 2-4 days because he said he may go down to San Francisco for a couple 2 of days to do some shopping and go to some strip clubs. Alesevic told Britt that it was his 3 “hard earned money” and was going to spend it however he wanted. Britt noticed that 4 Alesevic only brought one pair of pants and two shirts in his carry-on luggage and not 5 enough clothing for a 4-6 day trip. 6 7. Britt asked Alesevic who booked the airline ticket because his name was 7 spelled wrong and his birthdate was incorrect. Alesevic told Britt that he had but then 8 recanted and told him that his friend named “Moose” booked it for him. When asked 9 what Moose’s real name was, Alesevic said he wasn’t sure, but he thought it was 10 “Mustafa” something. Alesevic told Britt that he had known Moose for about six months 11 and that Moose worked as a truck driver for him. 12 8. The currency seized from Alesevic was presented to drug detection 13 dog, “Fox”, by California Highway Patrol Officer D. Rogers. Officer Rogers advised that 14 Fox positively alerted to the odor of narcotics on the currency. 15 9. The United States could further show at a forfeiture trial that the defendant 16 currency is forfeitable to the United States pursuant to 21 U.S.C § 881(a)(6). 17 10. Without admitting the truth of the factual assertions contained above, Alen 18 Alesevic specifically denying the same, and for the purpose of reaching an amicable 19 resolution and compromise of this matter, Alen Alesevic agrees that an adequate factual 20 basis exists to support forfeiture of the defendant currency. Alen Alesevic acknowledged 21 that he is the sole owner of the defendant currency, and that no other person or entity has 22 any legitimate claim of interest therein. Should any person or entity institute any kind of 23 claim or action against the government with regard to its forfeiture of the defendant 24 currency, Alen Alesevic shall hold harmless and indemnify the United States, as set forth 25 below. 26 11. This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and 27 1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture 28 occurred. 29 30 3 Consent Judgment of Forfeiture 1 12. This Court has venue pursuant to 28 U.S.C. § 1395, as this is the judicial 2 district in which the defendant currency was seized. 3 13. The parties herein desire to settle this matter pursuant to the terms of a duly 4 executed Stipulation for Consent Judgment of Forfeiture. 5 Based upon the above findings, and the files and records of the Court, it is hereby 6 ORDERED AND ADJUDGED: 7 14. The Court adopts the Stipulation for Consent Judgment of Forfeiture entered 8 into by and between the parties. 9 15. Upon entry of the Consent Judgment of Forfeiture, $15,000.00 of the 10 Approximately $27,353.00 in U.S. Currency, together with any interest that may have 11 accrued on the entire amount seized, shall be forfeited to the United States pursuant to 12 21 U.S.C. § 881(a)(6), to be disposed of according to law. 13 16. Upon entry of the Consent Judgment of Forfeiture, but no later than 60 days 14 thereafter, $12,353.00 of the Approximately $27,353.00 in U.S. Currency shall be 15 returned to potential claimant Alen Alesevic through his attorney Justin L. Ward. 16 17. The United States of America and its servants, agents, and employees and 17 all other public entities, their servants, agents, and employees, are released from any and 18 all liability arising out of or in any way connected with the seizure 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 or forfeiture, as well as 21 to those now known or disclosed. Alen Alesevic waived the provisions of California Civil 22 Code § 1542. 23 18. Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, 24 the Court finds that there was reasonable cause for the seizure of the defendant currency 25 and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 26 accordingly. 27 19. No portion of the stipulated settlement, including statements or admissions 28 made therein, shall be admissible in any criminal action pursuant to Rules 408 and 4 Consent Judgment of Forfeiture 29 30 1 410(a)(4) of the Federal Rules of Evidence. 2 20. All parties will bear their own costs and attorneys' fees. 3 21. Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, 4 the Court enters a Certificate of Reasonable Cause pursuant to 28 U.S.C. ' 2465, that there 5 was reasonable cause for the seizure of the above-described defendant currency. 6 IT IS SO ORDERED. 7 Dated: January 17, 2014 8 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 Consent Judgment of Forfeiture

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