United States of America v. Approximately $49,256.00 in U.S. Currency et al

Filing 11

CONSENT JUDGMENT OF FORFEITURE signed by Judge Kimberly J. Mueller on 10/15/2015. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:15-MC-00046-KJM-EFB

Plaintiff,
v.

ORDER

APPROXIMATELY $49,256.00 IN
U.S.CURRENCY, and
APPROXIMATELY $4,692.90 SEIZED
FROM PREMIER COMMUNITY
CREDIT UNION ACCOUNT NUMBER
030526821, HELD IN THE NAME OF
YASSER DRHAN,
Defendants.

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

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1.

Law enforcement agents with the San Joaquin County Metropolitan Narcotics

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Task Force (METRO) seized the defendant Approximately $49,256.00 in U.S. Currency

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(“defendant currency”) on August 21, 2014, and Approximately $4,692.90 from Premier

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Community Credit Union Account Number 030526821, held in the name of Yasser Drhan

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(“defendant funds” and together with the defendant currency, collectively, the “defendant assets”)

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on August 25, 2014. U.S. Customs and Border Protection (“CBP”) adopted the defendant assets

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for federal forfeiture on August 25, 2014.
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2.

The CBP commenced administrative forfeiture proceedings, sending direct written

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notice to all known potential claimants and publishing notice to all others. On or about March 3,

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2015, the CBP received claims from Hakima Abohashem, Hayel Hassan, Saleh Hassan, Musaed

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Drhan, Yasser Drhan, and Afrah Ateik, asserting ownership interests in the defendant assets.

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3.

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

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enforcement agents led an investigation into a laundromat owned by Saleh Hassan (“Hassan”)

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and Yasser Drhan (“Drhan”). The laundromat was suspected of being a source of drug dealing,

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and law enforcement agents believed that Hassan and Drhan distributed and/or conspired to

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distribute crystal methamphetamine. On August 21, 2014, San Joaquin County METRO executed

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two State search warrants in connection with the investigation.

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4.

The United States could further show at trial that on August 21, 2014, law

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enforcement agents searched Hassan’s business, a laundry mat located at 2023 S. El Dorado

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Street, Stockton, California. The search led to the discovery of 36 small baggies packaged for

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sales of a total gross weight of 16.94 grams of crystal methamphetamine, 3.89 grams of

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marijuana, digital scales, glass methamphetamine pipes, pay/owe sheets, and $364.00. Hasan was

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located at the business and arrested and later pleaded guilty in state court to violating state drug

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laws.

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5.

The United States could further show at trial that on August 21, 2014, law

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enforcement agents executed a search warrant at Drhan’s residence, located at 2610 Woodshire

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Court in Stockton, California. Before agents conducted the search of the home, Drhan was seen

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leaving the area at a high rate of speed, and a car stop was initiated. A search of the vehicle

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revealed two handguns wrapped in a pair of pants and ammunition on the front seat. Agents also

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discovered 180 Alprazolam pills, 27 Hydrocodone pills, and a baggy of a substance believed to be

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marijuana weighing 1.61 grams. Drhan was arrested and pleaded guilty in state court to violating

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state drug laws.

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6.

The United States could further show at trial that a law enforcement agent

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observed claimant Afrah Ateik (“Ateik”) moving several purses and household items from 2610

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Woodshire Court to a neighboring house. The law enforcement agent contacted the neighbor and
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obtained consent to search the house. The law enforcement agent located the purses hidden

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behind a couch. Ateik confirmed that the purses and their contents belonged to her and the

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neighbor had nothing to do with her attempts to conceal the purses. The purses contained large

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amounts of cash and gold. The cash in the purses combined with cash seized from 2610

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Woodshire Court make up the defendant currency.

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7.

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).

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8.

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

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Hakima Abohashem, Hayel Hassan, Saleh Hassan, Musaed Drhan, Yasser Drhan, and Afrah

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Ateik specifically deny the same, and for the purpose of reaching an amicable resolution and

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compromise of this matter, Hakima Abohashem, Hayel Hassan, Saleh Hassan, Musaed Drhan,

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Yasser Drhan, and Afrah Ateik agree that an adequate factual basis exists to support forfeiture of

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the defendant currency. Hakima Abohashem, Hayel Hassan, Saleh Hassan, Musaed Drhan,

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Yasser Drhan, and Afrah Ateik hereby acknowledge that they are the sole owners of the

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defendant currency, and that no other person or entity has any legitimate claim of interest therein.

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Should any person or entity institute any kind of claim or action against the government with

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regard to its forfeiture of the defendant currency, Hakima Abohashem, Hayel Hassan, Saleh

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Hassan, Musaed Drhan, Yasser Drhan, and Afrah Ateik shall hold harmless and indemnify the

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United States, as set forth below.

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9.

as this is the judicial district in which acts or omissions giving rise to the forfeiture occurred.

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

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

which the defendant currency was seized.

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11.

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

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executed Stipulation for Consent Judgment of Forfeiture.

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

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

by and between the parties.

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2.

Upon entry of this Consent Judgment of Forfeiture, $31,448.00 of the

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Approximately $49,256.00 in U.S. Currency, together with any interest that may have accrued on

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

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to be disposed of according to law.

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3.

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

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thereafter, $17,808.00 of the Approximately $49,256.00 in U.S. Currency and Approximately

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$4,692.90 from Premier Community Credit Union Account Number 030526821, held in the name

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of Yasser Drhan shall be returned to potential claimants Hakima Abohashem, Hayel Hassan,

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Saleh Hassan, Musaed Drhan, Yasser Drhan, and Afrah Ateik through their attorney Gil Somera.

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4.

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

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

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out of or in any way connected with the seizure or forfeiture of the defendant funds. This is a full

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and final release applying to all unknown and unanticipated injuries, and/or damages arising out

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of said seizure or forfeiture, as well as to those now known or disclosed. Hakima Abohashem,

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Hayel Hassan, Saleh Hassan, Musaed Drhan, Yasser Drhan, and Afrah Ateik waive the provisions

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of California Civil Code § 1542.

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5.

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

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

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Federal Rules of Evidence.

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6.

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

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7.

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

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Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was

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

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IT IS SO ORDERED.
DATED: October 15, 2015.

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UNITED STATES DISTRICT JUDGE

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