USA v. Real Property located at 6920 Kilconnell Drive, Elk Grove, California, Sacramento County, APN: 116-1410-006-0000 et al

Filing 65

PARTIAL FINAL JUDGMENT OF FORFEITURE re real property located at 4871 Watseka Way, Sacramento, CA signed by Chief District Judge Kimberly J. Mueller on 1/14/20. (Kaminski, H)

1 McGREGOR W. SCOTT
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,

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Plaintiff,

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2:18-CV-00750-KJM-CKD
PARTIAL FINAL JUDGMENT OF
FORFEITURE RE REAL PROPERTY
LOCATED AT 4871 WATSEKA WAY,
SACRAMENTO, CA

v.
REAL PROPERTY LOCATED AT 6920
KILCONNELL DRIVE, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 116-1410-006-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, ET AL.,

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Defendants.
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Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

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1.

This is a civil forfeiture action against seven real properties, one of which is the real

21 property located at 4871 Watseka Way, Sacramento, California, Sacramento County, APN: 225-179022 028-0000 (“defendant property”).
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 3, 2018,

24 alleging that said defendant property is subject to forfeiture to the United States pursuant to 18 U.S.C. §§
25 981(a)(1)(A), 981(a)(1)(C), and 21 U.S.C. §§ 881(a)(6) and 881(a)(7).
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3.

On July 24, 2018, the defendant property was posted with a copy of the Complaint and

27 Notice of Complaint.
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Partial Final Judgment of Forfeiture

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4.

Beginning on May 18, 2018, for at least 30 consecutive days, the United States published

2 Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A
3 Declaration of Publication was filed on July 26, 2018.
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5.

In addition to the public notice on the official internet government forfeiture site

5 www.forfeiture.gov, actual notice or attempted notice was given to the following individuals or entities
6 related to this defendant property:
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a.
b.

Li J. Lin, and
Northern CA Mortgage Fund XI, LLC.

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6.

Claimant Northern California Mortgage Fund XI, LLC filed a Claim on June 4, 2018,

10 claiming a lien holder interest in the defendant property. Claimant Li J. Lin filed a Claim and an
11 Answer to the Complaint on June 29, 2018. No other parties have filed claims or answers regarding this
12 defendant property, and the time in which any person or entity may file a claim and answer has expired.
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7.

On July 30, 2018, escrow closed for the defendant property at 4871 Watseka Way,

14 Sacramento, California, Sacramento County, APN: 225-1790-028-0000, and the United States received
15 wire transfers totaling $141,449.34, which will be substituted in lieu of the real property. Northern
16 California Mortgage Fund XI, LLC was paid in full through escrow. Northern California Mortgage
17 Fund XI, LLC withdrew their Claim on September 24, 2019.
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Based on the above findings, and the files and records of the Court, it is hereby ORDERED

19 AND ADJUDGED:
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1.

Judgment is hereby entered against claimants Li J. Lin and Northern CA Mortgage Fund

21 XI, LLC, and all other potential claimants who have not filed claims in this action.
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2.

Upon entry of this Final Judgment of Forfeiture, $104,449.34 of the Approximately

23 $141,449.34 in net proceeds from the sale of defendant real property located at 4871 Watseka Way,
24 Sacramento, California, Sacramento County, APN: 225-1790-028-0000, together with any interest that
25 may have accrued on the total amount of net proceeds, shall be forfeited to the United States pursuant to
26 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C), and 21 U.S.C. §§ 881(a)(6) and 881(a)(7), to be disposed of
27 according to law.
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Partial Final Judgment of Forfeiture

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3.

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

2 $37,000.00 of the Approximately $141,449.34 in net proceeds from the sale of defendant real property
3 located at 4871 Watseka Way, Sacramento, California, Sacramento County, APN: 225-1790-028-0000,
4 shall be returned to claimant Li J. Lin through attorney Linda M. Parisi.
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4.

The United States and its servants, agents, and employees are released from any and all

6 liability arising out of or in any way connected with the filing of the Complaint and the posting of the
7 defendant property with the Complaint and Notice of Complaint. This is a full and final release
8 applying to all unknown and unanticipated injuries, and/or damages arising out of or in any way
9 connected with the filing of the Complaint and the posting of the defendant property with the Complaint
10 and Notice of Complaint, as well as those now known or disclosed. Claimant waived the provisions of
11 California Civil Code § 1542.
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5.

Claimant waived any and all claim or right to interest that may have accrued on the

13 money being forfeited in lieu of the defendant real property.
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6.

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

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7.

The U.S. District Court for the Eastern District of California, Hon. Kimberly J. Mueller,

16 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture.
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8.

Based upon the allegations set forth in the Complaint filed April 3, 2018, and the

18 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable
19 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the filing of the Complaint and
20 the posting of the defendant property with the Complaint and Notice of Complaint, and for the
21 commencement and prosecution of this forfeiture action.
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SO ORDERED THIS 14th day of January, 2020.

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Partial Final Judgment of Forfeiture