United States of America v. Approximately $20,000.00 in U.S. Currency

Filing 8

CONSENT JUDGMENT OF FORFEITURE signed by Judge Kimberly J. Mueller on 2/5/2015. CASE CLOSED. (Donati, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14
15

No. 2:14-MC-00115-KJM-DAD

v.

CONSENT JUDGMENT OF FORFEITURE

APPROXIMATELY $20,000 IN U.S.
CURRENCY,
Defendant.

16
17
18

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

19

1.

On March 14, 2014, the Nevada County Sheriff's Department seized

20

approximately $20,000.00 in U.S. Currency (the “defendant currency”) from Curtis Lee Hartz

21

(“Hartz”), during a parcel interdiction at the Federal Express (“Fed Ex”) shipping facility in Grass

22

Valley, California. The Drug Enforcement Administration (“DEA”) adopted the defendant

23

currency for federal forfeiture on May 1, 2014.
2.

24

The DEA commenced administrative forfeiture proceedings, sending direct

25

written notice to all known potential claimants and publishing notice to all others. On or about

26

July 18, 2014, the DEA received a claim from Hartz asserting an ownership interest in the

27

defendant currency.

28

/////
1

1

3.

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

2

March 14, 2014, Nevada County Sheriff's Department conducted a parcel interdiction at the

3

FedEx shipping facility located at 109 Spring Hill Drive in Grass Valley, California. During the

4

interdiction, law enforcement officials identified a parcel that bore markers consistent with

5

parcels used for shipping contraband. An investigation revealed that Hartz had mailed the FedEx

6

package to Grass Valley. Law enforcement agents contacted Hartz, who said the package

7

contained $20,000.00 in cash for a down payment on a parcel of land. Hartz granted law

8

enforcement agents permission to open the package.

9

4.

The United States represents that it could further show at a forfeiture trial

10

that before opening the package, law enforcement officials presented the package to a drug

11

detection dog, and the dog positively alerted to the presence of the odor of narcotics. The

12

package was opened, revealing a locked weapons case. When the case was opened, agents

13

located the defendant currency, bundled and double-wrapped in vacuum sealed bags.

14
15

5.

that Hartz’s criminal history includes a conviction for possession of a controlled substance.

16
17

The United States represents that it could further show at a forfeiture trial

6.

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

currency is forfeitable to the United States pursuant to 21 U.S.C. § 881(a)(6).

18

7.

Without admitting the truth of the factual assertions contained in this

19

stipulation, claimant specifically denying the same, and for the purpose of reaching an amicable

20

resolution and compromise of this matter, claimant agrees that an adequate factual basis exists to

21

support forfeiture of the defendant currency. Hartz hereby acknowledges that he is the sole

22

owner of the defendant currency, and that no other person or entity has any legitimate claim of

23

interest therein. Should any person or entity institute any kind of claim or action against the

24

government with regard to its forfeiture of the defendant currency, claimant shall hold harmless

25

and indemnify the United States, as set forth below.

26

8.

This court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and

27

1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture

28

occurred.
2

1
2

9.

district in which the defendant currency was seized.

3
4

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

10.

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

executed Stipulation for Consent Judgment of Forfeiture.

5

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

6

ORDERED AND ADJUDGED:

7

1.

8

The court adopts the Stipulation for Consent Judgment of Forfeiture

entered into by and between the parties.

9

2.

Upon entry of this Consent Judgment of Forfeiture, $7,000.00 of the

10

Approximately $20,000.00 in U.S. Currency, together with any interest that may have accrued on

11

the total amount seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6),

12

to be disposed of according to law.

13

3.

Upon entry of this Consent Judgment of Forfeiture, but no later than 60

14

days thereafter, $13,000.00 of the Approximately $20,000.00 in U.S. Currency shall be returned

15

to claimant Curtis Lee Hartz through his attorney Jennifer M. Granger.

16

4.

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

17

all other public entities, their servants, agents and employees, are released from any and all

18

liability arising out of or in any way connected with the seizure or forfeiture of the defendant

19

currency. This is a full and final release applying to all unknown and unanticipated injuries,

20

and/or damages arising out of said seizure or forfeiture, as well as to those now known or

21

disclosed. Claimants waive the provisions of California Civil Code § 1542.

22

5.

No portion of the stipulated settlement, including statements or admissions

23

made therein, shall be admissible in any criminal action pursuant to Rules 408 and 410(a)(4) of

24

the Federal Rules of Evidence.

25

6.

26

/////

27

/////

28

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

/////
3

1

7.

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

2

the court enters a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was

3

reasonable cause for the seizure of the above-described defendant currency.

4
5

IT IS SO ORDERED.
DATED: February 5, 2015.

6
7
8

UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4