United States of America v. Approximately $51,477.22 seized from Bank of America Account Number 00143542578 et al

Filing 9

CONSENT JUDGMENT OF FORFEITURE signed by Judge Kimberly J. Mueller on 9/18/14. CASE CLOSED. (Meuleman, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 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
13
14
15
16
17

2:14-MC-00070-KJM-KJN

Plaintiff,
v.

CONSENT JUDGMENT OF
FORFEITURE

APPROXIMATELY $51,477.22 SEIZED FROM
BANK OF AMERICA ACCOUNT NUMBER
00143542578, and
2007 CHEVROLET SILVERADO 2500 HD
TRUCK, VIN: 1GCHC24K57E533386,
CALIFORNIA LICENSE: 8U52458,

18

Defendants.

19

Pursuant to the Stipulation for Consent Judgment of Forfeiture, the Court finds:

20

1.

On October 17, 2013, officers with the Manteca Police Department (“MPD”) executed

21 a state search and seizure warrant at the Bank of America at 102 East Yosemite Avenue, Manteca,
22 California and seized the Approximately $51,477.22 seized from Bank of America Account Number
23 00143542578 (hereafter “defendant funds”).
24

2.

Also on October 17, 2013, officers with the MPD executed a state search warrant at

25 1028 Cottage Avenue, Manteca, California and found 34 large marijuana plants, three pounds of
26 processed marijuana, packaging materials, and approximately $41,437.00 in cash. Officers also seized
27 a 2007 Chevrolet Silverado 2500 HD Truck (hereafter “defendant vehicle”).
28
1

Consent Judgment of Forfeiture

1

3.

The DEA commenced administrative forfeiture proceedings, sending direct written

2 notice to all known potential claimants and publishing notice to all others. On or about February 5,
3 2014, the DEA received a claim from Lorena Farias asserting an ownership interest in the defendant
4 funds and the defendant vehicle.
5

4.

The United States represents that it could show at a forfeiture trial that on October 17,

6 2013, a state search warrant was executed at the residence of Lorena Farias and Benjamin Medina in
7 Manteca, California. Officers with the MPD found 34 large marijuana plants, three pounds of
8 processed marijuana, packaging materials, and approximately $41,437.00 in cash. Officers also seized
9 the defendant vehicle.
10

5.

The United States represents that it could also show at a forfeiture trial that on October

11 17, 2013, officers with MPD executed a state search and seizure warrant at the Bank of America at 102
12 East Yosemite Avenue, Manteca, California and seized defendant funds.
13

6.

The United States could further show at a forfeiture trial that the defendant funds and the

14 defendant vehicle are forfeitable to the United States pursuant to 21 U.S.C § 881(a)(6).
15

7.

Without admitting the truth of the factual assertions contained in this stipulation, Lorena

16 Farias specifically denies the same, and for the purpose of reaching an amicable resolution and
17 compromise of this matter, Lorena Farias agrees that an adequate factual basis exists to support
18 forfeiture of the defendant funds and defendant vehicle. Lorena Farias hereby acknowledges that she is
19 the sole owner of the defendant funds and defendant vehicle, and that no other person or entity has any
20 legitimate claim of interest therein. Should any person or entity institute any kind of claim or action
21 against the government with regard to its forfeiture of the defendant currency, Lorena Farias shall hold
22 harmless and indemnify the United States, as set forth below.
23

8.

This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and 1355, as this

24 is the judicial district in which acts or omissions giving rise to the forfeiture occurred.
25

9.

This Court has venue pursuant to 28 U.S.C. § 1395, as this is the judicial district in

26 which the defendant currency was seized.
27

10.

The parties herein desire to settle this matter pursuant to the terms of a duly executed

28 Stipulation for Consent Judgment of Forfeiture.
2

Consent Judgment of Forfeiture

1

Based upon the above findings, and the files and records of the Court, it is hereby ORDERED

2 AND ADJUDGED:
3

11.

The Court adopts the Stipulation for Consent Judgment of Forfeiture entered into by and

4 between the parties.
5

12.

All right, title and interest in the Approximately $51,477.22 seized from Bank of

6 America Account Number 00143542578 and the 2007 Chevrolet Silverado 2500 HD Truck, VIN:
7 1GCHC24K57E533386, California License: 8U52458, shall be forfeited to the United States pursuant
8 to 21 U.S.C. § 881(a)(6), to be disposed of according to law.
9

13.

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

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

14.

No portion of the stipulated settlement, including statements or admissions made

16 therein, shall be admissible in any criminal action pursuant to Rules 408 and 410(a)(4) of the Federal
17 Rules of Evidence.
18

15.

All parties will bear their own costs and attorney’s fees.

19

16.

Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, the Court

20 enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause
21 for the seizure of the above-described defendant funds and defendant vehicle.
22

IT IS SO ORDERED.

23 DATED: September 18, 2014.
24
UNITED STATES DISTRICT JUDGE

25
26
27
28
3

Consent Judgment of Forfeiture