United States of America v. Approximately $18,928.00 in U.S. Currency

Filing 3

ORDER FOR PUBLICATION signed by Magistrate Judge Kendall J. Newman on 12/2/14. (Manzer, C)

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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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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

2:14-CV-02765-MCE-KJN
APPLICATION AND ORDER FOR
PUBLICATION

APPROXIMATELY $18,928.00 IN U.S.
CURRENCY,

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Defendant.

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The United States of America applies for an order of publication as follows:

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1.

Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and

19 Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the United States
20 shall cause public notice of the action to be given in a newspaper of general circulation or
21 on the official internet government forfeiture site;
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2.

Local Rule 171, Eastern District of California, provides that the Court shall

23 designate by order the appropriate newspaper or other vehicle for publication;
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3.

The defendant Approximately $18,928.00 in U.S. Currency (“Defendant

25 Currency”) was seized in the city of Dixon, in Solano County, California. Beginning on
26 August 15, 2014, the Federal Bureau of Investigation published notice of the non-judicial
27 forfeiture of the Defendant Currency for 30 consecutive days on the official internet
28 government forfeiture site www.forfeiture.gov.
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Application and Order for Publication

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4.

The United States proposes that publication be made as follows:

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a.

One publication;

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b.

Thirty (30) consecutive days;

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c.

On the official internet government forfeiture site www.forfeiture.gov;

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d.

The publication is to include the following:

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(1)

The Court and case number of the action;

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(2)

The date of the seizure/posting;

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(3)

The identity and/or description of the property seized/posted;

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(4)

The name and address of the attorney for the United States;

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(5)

A statement that claims of persons entitled to possession or

11 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and
12 served on the attorney for the United States no later than 60 days after the first day of
13 publication on the official internet government forfeiture site; and
(6)

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A statement that answers to the Complaint or a motion under

15 Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served
16 within 21 days after the filing of the claims and, in the absence thereof, default may be
17 entered and condemnation ordered.
18 Dated: 11/25/14
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By: /s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

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BENJAMIN B. WAGNER
United States Attorney

ORDER
IT IS SO ORDERED.

24 Dated: December 2, 2014
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Application and Order for Publication