USA v. Real Property located at 653 Main Avenue, Sacramento, California, Sacramento County, APN: 226-0240-037-0000 et al

Filing 65

PARTIAL FINAL JUDGMENT OF FORFEITURE signed by District Judge Kimberly J. Mueller on 8/7/2019. (Zignago, K.)

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-00773-KJM-CKD
PARTIAL FINAL JUDGMENT OF
FORFEITURE RE REAL PROPERTY
LOCATED AT 23900 N. BRYANT ROAD,
ACAMPO, CA

v.
REAL PROPERTY LOCATED AT 653 MAIN
AVENUE, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 226-0240037-0000, 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 23900 N. Bryant Road, Acampo, California, San Joaquin County, APN: 007-07022 470-000, (“defendant property”).
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 4, 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 May 30, 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 19, 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.

Dong Hai Lin, and
Capital Benefit, Inc.

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6.

Claimant Dong Hai Lin filed a Claim on June 5, 2018, and an Answer to the Complaint

10 on June 7, 2018. Claimant Gary Abrams, Trustee of the Gary Abrams Living Trust dated 4/28/2008,
11 filed a Claim and an Answer on October 18, 2018, claiming a lien holder interest in the defendant
12 property. No other parties have filed claims or answers regarding this defendant property, and the time
13 in which any person or entity may file a claim and answer has expired.
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7.

On March 21, 2019, escrow closed for the defendant property at 23900 N. Bryant Road,

15 Acampo, California, San Joaquin County, APN: 007-070-470-000, and the United States received a wire
16 transfer in the amount of $133,993.72, which will be substituted in lieu of the real property. Gary
17 Abrams was paid in full through escrow. Gary Abrams withdrew his Claim and Answer on June 21,
18 2019.
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Based on the above findings, and the files and records of the Court, it is hereby ORDERED

20 AND ADJUDGED:
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1.

Judgment is hereby entered against claimants Dong Hai Lin and Gary Abrams, and all

22 other potential claimants who have not filed claims in this action.
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2.

Upon entry of this Final Judgment of Forfeiture, $107,194.72 of the Approximately

24 $133,993.72 in net proceeds from the sale of defendant real property located at 23900 N. Bryant Road,
25 Acampo, California, San Joaquin County, APN: 007-070-470-000, together with any interest that may
26 have accrued on the total amount of net proceeds, shall be forfeited to the United States pursuant to 18
27 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
28 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 $26,799.00 of the Approximately $133,993.72 in net proceeds from the sale of defendant real property
3 located at 23900 N. Bryant Road, Acampo, California, San Joaquin County, APN: 007-070-470-000,
4 shall be returned to claimant Dong Hai Lin through his attorney Samuel D. Berns.
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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 4, 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 7th day of August, 2019.

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UNITED STATES DISTRICT JUDGE

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Partial Final Judgment of Forfeiture