United States of America v. Approximately $20,000.00 in U.S. Currency

Filing 2

ORDER signed by District Judge Kimberly J. Mueller on 3/4/2016 ORDERED AND ADJUDGED The Court ADOPTS the Stipulation for Consent Judgment of Forfeiture entered into by and between the parties; Upon entry of this Consent Judgment of Forfeiture, $ 16,000.00 of the Approx. $20,000.00 in US Currency, together with any interest that may have accrued on the total amount seized, shall be forfeited to the US pursuant to 21:881(a)(6) to be disposed of according to law; Upon entry of this Consent Judgment of Forfeiture, but no later than 60 days thereafter, $4,000.00 of the Approx. $20,000.00 in U.S. Currency shall be returned to claimant Malachai Rashad Dupree through his attorney Robert David Malove; all parties will bear their o wn costs and attorney's fees; as provided by the Stipulation for Consent Judgment of Forfeiture filed herein, the Court enters a CERTIFICATE OF REASONABLE CAUSE pursuant to 28:2465, that there was reasonable cause for the seizure of the defendants currency. CASE CLOSED. (Reader, L)

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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. 2:16-mc-00036-KJM-KJN

Plaintiff,
v.

ORDER

APPROXIMATELY $20,000.00 IN U.S.
CURRENCY,
Defendant.

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As provided by the Stipulation for Consent Judgment of Forfeiture, the Court finds:

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1.

On August 14, 2015, agents with the Drug Enforcement Administration (DEA)

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contacted Dupree at the Sacramento International Airport in Sacramento, California.

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Approximately $20,000.00 in U.S. Currency (defendant currency) was seized from Dupree

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during this encounter.

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2.

The DEA commenced administrative forfeiture proceedings, sending direct

written notice to all known potential claimants and publishing notice to all others.
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The United States represents that it could show at a forfeiture trial that an agent

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with the DEA approached Malachi Rashad Dupree (Dupree) and asked for permission to speak

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with him. Dupree agreed and told the agent he was traveling from Baltimore, Maryland to

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purchase “sneakers” from a wholesaler in Sacramento. Dupree said he was carrying $20,000.00
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in cash that his uncle, Eric Ezenwanne, had given him to purchase shoes for his uncle’s store.

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Dupree agreed to a consensual search of his carry-on luggage. During the search, agents found

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several rubber-banded stacks of cash concealed within a cloth shoe bag. The cash was

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comprised of various denominations, totaling $20,000.00.

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4.

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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5.

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

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claimant specifically denying the same, and for the purpose of reaching an amicable resolution

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and compromise of this matter, claimant agrees that an adequate factual basis exists to support

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forfeiture of the defendant currency. Dupree hereby acknowledges that he is the sole owner of

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

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therein. Should any person or entity institute any kind of claim or action against the

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government with regard to its forfeiture of the defendant currency, claimant shall hold harmless

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and indemnify the United States, as set forth below.

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6.

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

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1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture

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occurred.

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7.

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in which the defendant currency was seized.

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8.

Based upon the above findings, and the files and records of the Court, IT IS HEREBY
ORDERED AND ADJUDGED:

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

executed Stipulation for Consent Judgment of Forfeiture.

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

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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, $16,000.00 of the

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Approximately $20,000.00 in U.S. Currency, together with any interest that may have accrued

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/////
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on the total amount seized, shall be forfeited to the United States pursuant to 21 U.S.C.

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§ 881(a)(6), 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, $4,000.00 of the Approximately $20,000.00 in U.S. Currency shall be returned to

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claimant Malachai Rashad Dupree through his attorney Robert David Malove.

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4.

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

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

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arising out of or in any way connected with the seizure or forfeiture of the defendant currency.

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This is a full and final release applying to all unknown and unanticipated injuries, and/or

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damages arising out of said seizure or forfeiture, as well as to those now known or disclosed.

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Claimants waived the provisions 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.

As provided by the Stipulation for Consent Judgment of Forfeiture filed herein,

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the Court enters a 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: March 4, 2016.

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UNITED STATES DISTRICT JUDGE

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