United States of America v. Approximately $232,880.00 in U.S. Currency

Filing 4

APPLICATION AND ORDER FOR PUBLICATION signed by Magistrate Judge Edmund F. Brennan on 12/29/15. (Mena-Sanchez, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 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,
2:15-CV-2661-JAM-EFB

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Plaintiff,

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APPLICATION AND ORDER FOR
PUBLICATION

v.
APPROXIMATELY $232,880.00 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 Asset

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

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

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

The defendant asset was seized by Tracy Police Department on September 29, 2015,

25 pursuant to a state search warrant in Livermore, in Alameda County, California. On November 19,
26 2015, Drug Enforcement Administration (“DEA”) seized the defendant asset for civil forfeiture
27 pursuant to a federal seizure warrant in Tracy, in San Joaquin County, California.
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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 Plaintiff;

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(5)

A statement that claims of persons entitled to possession or claiming

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

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A statement that answers to the Complaint or a motion under Rule 12 of the

15 Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 21 days after
16 the filing of the claims and, in the absence thereof, default may be entered and condemnation
17 ordered.
18 Dated: 12/22/15

BENJAMIN B. WAGNER
United States Attorney

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By:

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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IT IS SO ORDERED.
Dated: December 29, 2015.

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2

Application and Order
For Publication