United States of America v. Approximately $106,918.00 in U.S. Currency

Filing 9

FINAL JUDGMENT OF FORFEITURE signed by District Judge Kimberly J. Mueller on 1/27/2016 ENTERING JUDGMENT against potential claimants Khachatur Avdalyan, Nvard Avdalyan, and all other potential claimants who have not filed claims in this action; FORFE ITING to the United States of America, all right, title and interest of Khachatur Avdalyan and Nvard Avdalyan in the defendant currency, plus any accrued interest, to be disposed of according to law; RELEASING the United States and its servants, agen ts and employees and all other public entities, their servants, agents and employees from any and all liability arising out of or in any way connected with the seizure or forfeiture of the defendant currency; ORDERING all parties to bear their own costs and attorneys' fees. CASE CLOSED. (Michel, G.)

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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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2:15-CV-02032-KJM-EFB

Plaintiff,
FINAL JUDGMENT OF FORFEITURE

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v.
APPROXIMATELY $106,918.00 IN U.S.
CURRENCY,

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Defendant.

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Pursuant to the Request for Final Judgment of Forfeiture filed herein, the Court finds:

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1.

This is a civil forfeiture action against defendant Approximately $106,918.00 in U.S.

19 Currency (hereafter “defendant currency”) seized on or about January 26, 2015.
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The United States and potential claimants Khachatur Avdalyan and Nvard Avdalyan

21 entered into a Stipulation and Order extending the United States’ time to file a complaint in Case No.
22 2:15-MC-00076-MCE-CKD. The Order entered on or about July 9, 2015, extended the time to file the
23 complaint to October 7, 2015.
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3.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on September 25,

25 2015, alleging that said defendant currency is subject to forfeiture to the United States pursuant to 18
26 U.S.C. § 2323(a)(1)(C).
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4.

On September 29, 2015, the Clerk issued a Warrant for Arrest for the defendant currency,

28 and that warrant was executed on October 15, 2015.
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5.

Beginning on October 8, 2015, for at least thirty consecutive days, the United States

2 published Notice of the Forfeiture Action on the official internet government forfeiture site
3 www.forfeiture.gov. A Declaration of Publication was filed on November 10, 2015.
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On September 24, 2015, pursuant to a Stipulation for Final Judgment of Forfeiture

5 and/or Consent Judgment of Forfeiture, potential claimants Khachatur Avdalyan and Nvard Avdalyan
6 agreed to forfeit all of their right, title, and interest in the defendant currency, plus any accrued
7 interest, to the United States pursuant to 18 U.S.C. § 2323(a)(1)(C), to be disposed of according to
8 law. That Stipulation is attached and incorporated as Exhibit A to the Request for Final Judgment of
9 Forfeiture filed herein.
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No other parties have filed claims or answers in this matter, and the time in which any

11 person or entity may file a claim and answer has expired.
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Based on the above findings, and the files and records of the Court, it is hereby ORDERED

13 AND ADJUDGED:
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1.

Judgment is hereby entered against potential claimants Khachatur Avdalyan and Nvard

15 Avdalyan, and all other potential claimants who have not filed claims in this action.
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2.

All right, title, and interest of Khachatur Avdalyan and Nvard Avdalyan in the

17 Approximately $106,918.00 in U.S. Currency, plus any accrued interest, shall be forfeited to the
18 United States pursuant to 18 U.S.C § 2323(a)(1)(C), to be disposed of according to law.
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3.

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

20 their servants, agents, and employees, are released from any and all liability arising out of or in any
21 way connected with the seizure or forfeiture of the defendant currency. This is a full and final release
22 applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure or
23 forfeiture, as well as to those now known or disclosed. The potential claimants waived the provisions
24 of California Civil Code § 1542.
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4.

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

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SO ORDERED THIS 27th day of January, 2016.

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UNITED STATES DISTRICT JUDGE
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