United States of America v. Any Interest or Principal Payments associated with "Loan 1 of 2" represented by Check #81600 for $2,500,000 et al

Filing 12

FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 8/11/14 re 11 . CASE CLOSED. (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]
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,

15
16
17
18
19

FINAL JUDGMENT OF
FORFEITURE

v.

13
14

2:14-CV-01060-JAM-AC

ANY INTEREST OR PRINCIPAL PAYMENTS
ASSOCIATED WITH "LOAN 1 OF 2"
REPRESENTED BY CHECK # 81600 FOR
$2,500,000, PAYABLE TO DREW ESTATES
LLC DATED JANUARY 2, 2011, and
ANY INTEREST OR PRINCIPAL PAYMENTS
ASSOCIATED WITH "LOAN 2 OF 2"
REPRESENTED BY CHECK # 81601 FOR
$2,500,000, PAYABLE TO DREW ESTATES
LLC DATED JANUARY 2, 2011,

20
Defendants.

21
22

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

23 finds:
24

1.

This is a civil forfeiture action against defendants Any Interest or Principal

25 Payments associated with "Loan 1 of 2" represented by check # 81600 for $2,500,000,
26 payable to Drew Estates LLC dated January 2, 2011, and Any Interest or Principal
27 Payments associated with "Loan 2 of 2" represented by check # 81601 for $2,500,000,
28 payable to Drew Estates LLC dated January 2, 2011 (collectively, “defendant properties”)
1

Final Judgment of Forfeiture

1 seized on or about May 23, 2013.1
2.

2

The United States and potential claimant Alex Goldman entered into several

3 Stipulations and Orders extending the United States’ time to file a complaint in Case No.
4 2:13-MC-00071-TLN-DAD. The last Order was entered on or about March 21, 2014, and it
5 extended the time to file the complaint to May 21, 2014.
3.

6

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

7 29, 2014, alleging that said defendant properties are subject to forfeiture to the United
8 States pursuant to 18 U.S.C. § 981(a)(1)(C).
4.

9

Beginning on May 6, 2014, for at least thirty consecutive days, the United

10 States published Notice of the Forfeiture Action on the official internet government
11 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on June 27,
12 2014.
5.

13

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

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

20

21 ORDERED AND ADJUDGED:
1.

22

That judgment is hereby entered against potential claimants Alex Goldman,

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

25
26
27
28

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

The defendant properties were seized on May 23, 2013 pursuant to federal seizure warrants signed by
Honorable Edmund F. Brennan, Magistrate Judge, Eastern District of California. As part of the seizure
warrants, Judge Brennan ordered certain conditions imposed on the defendant properties, specifically, that
the Notes not be transferred or extinguished, and any and all disbursements and correspondence be
forwarded to the U.S. Marshals Service in Sacramento.
1

2

Final Judgment of Forfeiture

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

Any Interest or Principal Payments associated with "Loan 1 of
2" represented by check # 81600 for $2,500,000, payable to
Drew Estates LLC dated January 2, 2011, and

b.

4

Any Interest or Principal Payments associated with "Loan 2 of
2" represented by check # 81601 for $2,500,000, payable to
Drew Estates LLC dated January 2, 2011.

5
6
7
8

3.

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

9 public entities, their servants, agents, and employees, are released from any and all
10 liability arising out of or in any way connected with the seizure or forfeiture of the
11 defendant properties. This is a full and final release applying to all unknown and
12 unanticipated injuries, and/or damages arising out of said seizure or forfeiture, as well as
13 to those now known or disclosed. The potential claimants waived the provisions of
14 California Civil Code § 1542.
15

4.

16

SO ORDERED THIS 11th day of August, 2014.

17
18

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

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

19
20
21
22
23
24
25
26
27
28
3

Final Judgment of Forfeiture