United States of America v. Approximately $18,400.00 in U.S. Currency et al

Filing 5

APPLICATION AND ORDER FOR PUBLICATION, signed by Magistrate Judge Dale A. Drozd on 2/27/15. (Kastilahn, A)

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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.

No. 2:15-cv-00378-MCE-DAD
APPLICATION AND ORDER FOR
PUBLICATION

APPROXIMATELY $18,400.00 IN U.S.
CURRENCY, and

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APPROXIMATELY $2,600.00 IN U.S.
CURRENCY,

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Defendants.

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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

21 Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the United States

22 shall cause public notice of the action to be given in a newspaper of general circulation or
23 on the official internet government forfeiture site;
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2.

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

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

The defendant Approximately $18,400.00 in U.S. Currency and

27 Approximately $2,600.00 in U.S. Currency (collectively “Defendant Currency”) was seized
28 in the city of West Sacramento, in Yolo County, California. Beginning on October 20,
1
Application and Order for Publication
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1 2014, the United States Postal Inspection Service published notice of the non-judicial
2 forfeiture of the Defendant Currency for 30 consecutive days in the Wall Street Journal.
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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

13 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and
14 served on the attorney for the United States no later than 60 days after the first day of
15 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

17 Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served
18 within 21 days after the filing of the claims and, in the absence thereof, default may be
19 entered and condemnation ordered.
20 Dated: 2/17/15
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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.

26 Dated: February 27, 2015
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28 Ddad1\orders.civil\U.S. v. $18,400.0378.app.pub.ord.docx
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Application and Order for Publication