United States of America v. Approximately $102,240.00 in U.S. Currency

Filing 20

FINAL JUDGMENT OF FORFEITURE signed by District Judge Troy L. Nunley on 2/12/2015. (Zignago, K.)

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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. 2:14-CV-00642-TLN-AC FINAL JUDGMENT OF FORFEITURE 14 APPROXIMATELY $102,240.00 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 brought against Approximately $102,240.00 in 19 U.S. Currency (“Defendant Currency”), which was seized on or about September 12, 2013. 20 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on March 21 10, 2014, 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 March 11, 2014, the Clerk issued a Warrant for Arrest for the defendant 24 currency, and that warrant was duly executed on March 13, 2014. 25 4. Beginning on March 15, 2014, 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 April 14, 2014. 28 29 30 5. In addition to the public notice on the official internet government forfeiture 1 Final Judgment of Forfeiture 1 site www.forfeiture.gov, actual notice or attempted notice was given to Shaka Idi Nelson 2 6. Claimant Shaka Idi Nelson filed a claim alleging an interest in the Defendant 3 Currency on April 14, 2014. No other parties have filed claims or answers in this matter, 4 and the time in which any person or entity may file a claim and answer has expired. 5 Based on the above findings, and the files and records of the Court, it is hereby 6 ORDERED AND ADJUDGED: 7 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered 8 into by and between the parties to this action. 9 2. That judgment is hereby entered against claimant Shaka Idi Nelson and all 10 other potential claimants who have not filed claims in this action. 11 3. Upon entry of this Final Judgment of Forfeiture, $72,000.00 of the 12 Approximately $102,240.00 in U.S. Currency, together with any interest that may have 13 accrued on the total amount seized, shall be forfeited to the United States pursuant to 21 14 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 16 thereafter, $30,000.00 of the Approximately $102,240.00 in U.S. Currency shall be 17 returned to claimant Shaka Idi Nelson through his attorney Yehuda D. B. Bruck. 18 5. The United States and its servants, agents, and employees and all other 19 public entities, their servants, agents, and employees, are released from any and all 20 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the 21 defendant currency. This is a full and final release applying to all unknown and 22 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as 23 well as to those now known or disclosed. The parties waived the provisions of California 24 Civil Code § 1542. 25 6. Claimant waived any and all claim or right to interest that may have accrued 26 on the defendant currency. 27 7. All parties are to bear their own costs and attorneys' fees. 28 29 30 2 Final Judgment of Forfeiture 1 8. The U.S. District Court for the Eastern District of California, Hon. Troy L. 2 Nunley, District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment 3 of Forfeiture. CERTIFICATE OF REASONABLE CAUSE 4 5 9. Based upon the allegations set forth in the Complaint filed March 10, 2014, 6 and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 7 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable 8 cause for the seizure and arrest of the defendant currency, and for the commencement and 9 prosecution of this forfeiture action. 10 11 SO ORDERED: Dated: February 12, 2015 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 Final Judgment of Forfeiture

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