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

Filing 22

AMENDED FINAL JUDGMENT OF FORFEITURE signed by District Judge Troy L. Nunley on 2/18/15 re 20 . (Meuleman, A)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
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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11 UNITED STATES OF AMERICA,
Plaintiff,

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v.

2:14-CV-00642-TLN-AC
AMENDED FINAL JUDGMENT
OF FORFEITURE

14 APPROXIMATELY $102,240.00 IN U.S.
CURRENCY,
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Defendant.
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Pursuant to the Amended Stipulation for Final Judgment of Forfeiture, the Court

18 finds:
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1.

This is a civil forfeiture action brought against Approximately $102,240.00 in

20 U.S. Currency (“Defendant Currency”), which was seized on or about September 12, 2013.
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2.

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

22 10, 2014, alleging that the defendant currency is subject to forfeiture to the United States
23 pursuant to 21 U.S.C. § 881(a)(6).
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3.

On March 11, 2014, the Clerk issued a Warrant for Arrest for the defendant

25 currency, and that warrant was duly executed on March 13, 2014.
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4.

Beginning on March 15, 2014, for at least 30 consecutive days, the United

27 States published Notice of the Forfeiture Action on the official internet government
28 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on April 14, 2014.
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Amended Final Judgment of Forfeiture

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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 Shaka Idi Nelson
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6.

Claimant Shaka Idi Nelson filed a claim alleging an interest in the Defendant

4 Currency on April 14, 2014. No other parties have filed claims or answers in this matter,
5 and the time in which any person or entity may file a claim and answer has expired.
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Based on the above findings, and the files and records of the Court, it is hereby

7 ORDERED AND ADJUDGED:
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1.

The Court adopts the Amended Stipulation for Final Judgment of Forfeiture

9 entered into by and between the parties to this action.
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2.

That judgment is hereby entered against claimant Shaka Idi Nelson and all

11 other potential claimants who have not filed claims in this action.
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3.

Upon entry of this Amended Final Judgment of Forfeiture, $72,240.00 of the

13 Approximately $102,240.00 in U.S. Currency, together with any interest that may have
14 accrued on the total amount seized, shall be forfeited to the United States pursuant to 21
15 U.S.C. § 881(a)(6), to be disposed of according to law.
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4.

Upon entry of this Amended Final Judgment of Forfeiture, but no later than

17 60 days thereafter, $30,000.00 of the Approximately $102,240.00 in U.S. Currency shall be
18 returned to claimant Shaka Idi Nelson through his attorney Yehuda D. B. Bruck.
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5.

The United States and its servants, agents, and employees and all other

20 public entities, their servants, agents, and employees, are released from any and all
21 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the
22 defendant currency. This is a full and final release applying to all unknown and
23 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as
24 well as to those now known or disclosed. The parties waived the provisions of California
25 Civil Code § 1542.
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6.

Claimant waived any and all claim or right to interest that may have accrued

27 on the defendant currency.
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7.

All parties are to bear their own costs and attorneys' fees.
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Amended Final Judgment of Forfeiture

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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 Amended Final
3 Judgment of Forfeiture.
CERTIFICATE OF REASONABLE CAUSE

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9.

Based upon the allegations set forth in the Complaint filed March 10, 2014,

6 and the Amended Stipulation for Final Judgment of Forfeiture filed herein, the Court
7 enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was
8 reasonable cause for the seizure and arrest of the defendant currency, and for the
9 commencement and prosecution of this forfeiture action.
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SO ORDERED:

11 Dated: February 18, 2015
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Troy L. Nunley
United States District Judge

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Amended Final Judgment of Forfeiture