USA v. Approximately $538,155.00 seized from ING Direct checking account # 156773818 et al

Filing 14

FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 8/11/14 re 13 Request. (Meuleman, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
MICHAEL D. ANDERSON
3 Assistant U.S. Attorneys
501 I Street, Suite 10-100
4 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,

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Plaintiff,

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FINAL JUDGMENT OF
FORFEITURE

v.

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2:14-CV-01048-JAM-AC

APPROXIMATELY $538,155.00 SEIZED FROM
ING DIRECT CHECKING ACCOUNT #
156773818,
2011 FERRARI CALIFORNIA CONVERTIBLE,
VIN: ZFF65 LJA0B 01766 22, NEW JERSEY
LICENSE PLATE: NOTOUCH,
2011 AUDI A5 CONVERTIBLE, VIN:
WAULFAFH9BN009524, NEW JERSEY
LICENSE PLATE: W98ARP,
2013 BLUE PORSCHE PANAMERA, VIN:
WPOAB2A71DL060573, NEW JERSEY
LICENSE PLATE: 2012ROJ, and
APPROXIMATELY $10,002.00 IN U.S.
CURRENCY,

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Defendants.

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Pursuant to the Request for Final Judgment of Forfeiture filed herein, the Court

26 finds:
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1.

This is a civil forfeiture action against defendants Approximately $538,155.00

28 seized from ING Direct Checking Account # 156773818; 2011 Ferrari California
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Final Judgment of Forfeiture

1 Convertible, VIN: ZFF65 LJA0B 01766 22, New Jersey License Plate: NOTOUCH; 2011
2 Audi A5 Convertible, VIN: WAULFAFH9BN009524, New Jersey License Plate: W98ARP;
3 2013 Blue Porsche Panamera, VIN: WPOAB2A71DL060573, New Jersey License Plate:
4 2012ROJ; and Approximately $10,002.00 in U.S. Currency (collectively, “defendant
5 properties”) seized on or about May 23, 2013.
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2.

The United States and potential claimant Alex Goldman entered into several

7 Stipulations and Orders extending the United States’ time to file a complaint in Case No.
8 2:13-MC-00071-TLN-DAD. The last Order was entered on or about March 21, 2014, and it
9 extended the time to file the complaint to May 21, 2014.
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3.

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

11 28, 2014, alleging that said defendant properties are subject to forfeiture to the United
12 States pursuant to 18 U.S.C. § 981(a)(1)(C).
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4.

On April 29, 2014, the Clerk issued a Warrant for Arrest for the defendant

14 properties, and that warrant was duly executed on May 1 and 2, 2014.
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5.

Beginning on May 7, 2014, for at least thirty consecutive days, the United

16 States published Notice of the Forfeiture Action on the official internet government
17 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on June 26,
18 2014.
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6.

On April 8 and 9, 2014 pursuant to a Stipulation for Final Judgment of

20 Forfeiture and/or Consent Judgment of Forfeiture, potential claimants Alex Goldman,
21 Marni Goldman, Mark Goldman, and Laura Goldman agreed to forfeit all of their right,
22 title, and interest in the defendant properties, plus any accrued interest, to the United
23 States pursuant to 18 U.S.C. § 981(a)(1)(A) and (C), to be disposed of according to law.
24 That Stipulation is attached and incorporated as Exhibit A to the Request for Final
25 Judgment of Forfeiture filed herein.
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Based on the above findings, and the files and records of the Court, it is hereby

27 ORDERED AND ADJUDGED:
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Final Judgment of Forfeiture

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1.

That judgment is hereby entered against potential claimants Alex Goldman,

2 Marni Goldman, Mark Goldman, and Laura Goldman and all other potential claimants
3 who have not filed claims in this action.
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2.

All right, title, and interest of Alex Goldman, Marni Goldman, Mark

5 Goldman, and Laura Goldman in the following defendant properties, plus any accrued
6 interest, shall be forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(C), to
7 be disposed of according to law:
a.

2011 Ferrari California Convertible, VIN: ZFF65 LJA0B 01766
22, New Jersey License Plate: NOTOUCH,

c.

2011 Audi A5 Convertible, VIN: WAULFAFH9BN009524, New
Jersey License Plate: W98ARP,

d.

2013 Blue Porsche Panamera, VIN: WPOAB2A71DL060573,
New Jersey License Plate: 2012ROJ, and

e.

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Approximately $538,155.00 seized from ING Direct checking
account # 156773818,

b.

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Approximately $10,002.00 in U.S. Currency.

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3.

That the United States and its servants, agents, and employees and all other

16 public entities, their servants, agents, and employees, are released from any and all
17 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the
18 defendant properties. This is a full and final release applying to all unknown and
19 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as
20 well as to those now known or disclosed. The potential claimants waived the provisions of
21 California Civil Code § 1542.
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4.

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SO ORDERED THIS 11th day of August, 2014.

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All parties are to bear their own costs and attorneys' fees.

/s/ John A. Mendez_______________
JOHN A. MENDEZ
United States District Court Judge

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Final Judgment of Forfeiture