United States of America v. Approximately $98,100.00 in U.S. Currency et al

Filing 24

FINAL JUDGMENT OF FORFEITURE signed by District Judge Kimberly J. Mueller on 08/08/17. CASE CLOSED (Benson, A.)

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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 2:16-CV-00233-KJM-KJN Plaintiff, v. FINAL JUDGMENT OF FORFEITURE 14 APPROXIMATELY $98,100.00 IN U.S. CURRENCY, 15 16 17 APPROXIMATELY $35,900.00 IN U.S. CURRENCY, and APPROXIMATELY $40,000.00 IN MONEY ORDERS, 18 Defendants. 19 20 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 21 1. This is a civil action in rem brought against Approximately $98,100.00 in U.S. 22 Currency, which was seized on October 6, 2015, Approximately $35,900.00 in U.S. Currency 23 (hereafter collectively “defendant currency”), which was seized on November 10, 2015 and 24 Approximately $40,000.00 in Money Orders (“defendant money orders”), which were seized on 25 November 10, 2015. 26 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on February 5, 27 2016, alleging that said defendant currency and defendant money orders are subject to forfeiture to the 28 United States pursuant to 21 U.S.C. § 881(a)(6). 1 Final Judgment of Forfeiture 1 3. On February 17, 2016, the Clerk issued a Warrant for Arrest for the defendant currency 2 and defendant money orders and that warrant was duly executed on February 18, 2016. 3 4. Beginning on February 10, 2016, for at least 30 consecutive days, the United States 4 published Notice of the Forfeiture Action on the official internet government forfeiture site 5 www.forfeiture.gov. A Declaration of Publication was filed on March 14, 2016. 6 5. In addition to the public notice on the official internet government forfeiture site 7 www.forfeiture.gov, actual notice or attempted notice was given to the following individual(s): 8 a. Anthony Lavar Simmons 9 b. Dwanisha N. Robinson 10 6. Claimant Anthony Lavar Simmons (“claimant”) filed a claim alleging an interest in the 11 defendant currency and defendant money orders on August 11, 2016. 12 7. The Clerk of the Court entered a Clerk’s Certificate of Entry of Defaults against 13 Dwanisha N. Robinson on April 18, 2017. Pursuant to Local Rule 540, the United States and claimant 14 thus join in a request that as part of the Final Judgment of Forfeiture in this case the Court enter a 15 default judgment against the interests, if any, of Dwanisha N. Robinson without further notice. 16 Based on the above findings, and the files and records of the Court, it is hereby ORDERED 17 AND ADJUDGED: 18 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 19 between the parties to this action. 20 2. Judgment is hereby entered against claimant Anthony Lamar Simmons and all other 21 potential claimants who have not filed claims in this action. 22 3. Upon entry of a Final Judgment of Forfeiture, the Approximately $98,100.00 in U.S. 23 Currency, $13,280.00 of the Approximately $35,900.00 in U.S. Currency and the Approximately 24 $40,000.00 in Money Orders, together with any interest that may have accrued on the total amount 25 seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of 26 according to law. 27 ///// 28 ///// 2 Final Judgment of Forfeiture 1 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 days thereafter, 2 $22,620.00 of the Approximately $35,900.00 in U.S. Currency shall be returned to claimant Anthony 3 Lavar Simmons. 4 5. The United States and its servants, agents, and employees and all other public entities, 5 their servants, agents, and employees, are released from any and all liability arising out of or in any way 6 connected with the seizure, arrest, or forfeiture of the defendant currency and defendant money orders. 7 This is a full and final release applying to all unknown and unanticipated injuries, and/or damages 8 arising out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The parties 9 waived the provisions of California Civil Code § 1542. 10 6. Claimant waived any and all claim or right to interest that may have accrued on the 11 defendant currency. 12 7. All parties are to bear their own costs and attorneys' fees. 13 8. The U.S. District Court for the Eastern District of California, Hon. Kimberly J. Mueller, 14 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 15 9. Based upon the allegations set forth in the Complaint filed February 5, 2016, and the 16 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 17 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the 18 defendant currency, and for the commencement and prosecution of this forfeiture action. 19 SO ORDERED THIS 8th day of August, 2017. 20 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 3 Final Judgment of Forfeiture

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