United States of America v. Approximately $30,670.00 in U.S. Currency

Filing 48

FINAL JUDGMENT OF FORFEITURE signed by Senior Judge Morrison C. England, Jr., on 5/12/2020. CASE CLOSED (Kastilahn, A)

1 MCGREGOR W. SCOTT
United States Attorney
2 LYNN TRINKA ERNCE
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for Plaintiff
United States of America
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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,
Plaintiff,

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FINAL JUDGMENT OF FORFEITURE

v.

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CASE NO. 2:14-CV-02586-MCE-DB

APPROXIMATELY $30,670.00 IN U.S.
CURRENCY,

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Defendant.
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Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

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1.

This is a civil forfeiture action against Approximately $30,670.00 in U.S. Currency

19 (hereafter “defendant currency”) seized on or about April 16, 2014.
2.

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A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on November 5,

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

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On November 14, 2014, the Clerk issued a Warrant for Arrest for the defendant currency,

24 and that warrant was executed on December 1, 2014.
4.

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Beginning on November 9, 2014, for at least 30 consecutive days, the United States

26 published Notice of the Forfeiture Action on the official internet government forfeiture site
27 www.forfeiture.gov. A Declaration of Publication was filed on January 8, 2015.
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FINAL JUDGMENT OF FORFEITURE

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5.

In addition to the public notice on the official internet government forfeiture site

2 www.forfeiture.gov, actual notice or attempted notice was given to the following individuals:
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a.

Christian William Dapaah,

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b.

Julian Harrison,

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c.

Jesse J. Garcia, attorney.

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6.

Claimant Christian William Dapaah (“claimant”) filed a claim on December 9, 2014. No

7 other parties have filed claims or answers in this matter, and the time in which any person or entity may
8 file a claim and answer has expired.
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7.

Claimant represents and warrants that he is the sole owner of the defendant currency.

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8.

The Clerk of the Court entered a Clerk’s Certificate of Entry of Default against Julian

11 Harrison on January 14, 2015. Pursuant to Local Rule 540, the United States and claimant have
12 requested that, as a part of the Financial Judgment of Forfeiture in this case, the Court enter a default
13 judgment against the interest, if any, of Julian Harrison without further notice.
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Based on the above findings, and the files and records of the Court, it is hereby ORDERED

15 AND ADJUDGED:
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1.

Judgment is hereby entered against claimant Christian William Dapaah, Julian Harris,

17 and all other potential claimants who have not filed claims in this action.
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2.

Upon entry of this Final Judgment of Forfeiture, $15,335.00 of the Approximately

19 $30,670.00 in U.S. Currency, together with any interest that may have accrued on the total amount
20 seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of
21 according to law.
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3.

Upon entry of this Final Judgment of Forfeiture herein, but no later than 60 days

23 thereafter, $15,335.00 of the Approximately $30,670.00 in U.S. Currency shall be returned to claimant
24 through his attorneys Jesse J. Garcia and Austin Thompson.
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4.

The United States of America and its servants, agents, and employees and all other public

26 entities, their servants, agents, and employees, are released from any and all liability arising out of or in
27 any way connected with the seizure, arrest, or forfeiture of the defendant currency. This is a full and
28 final release applying to all unknown and unanticipated injuries, and/or damages arising out of said
FINAL JUDGMENT OF FORFEITURE

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1 seizure, arrest, or forfeiture, as well as to those now known or disclosed. Claimant waived the
2 provisions of California Civil Code § 1542.
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5.

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

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6.

This U.S. District Court for the Eastern District of California, Hon. Morrison C. England,

5 Jr., Senior United States District Judge, shall retain jurisdiction to enforce the terms of this compromise
6 settlement.
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7.

Based upon the allegations set forth in the complaint filed November 5, 2014, and the

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

12 Dated: May 12, 2020
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FINAL JUDGMENT OF FORFEITURE

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