United States of America v. Approximately $73,670 In United States Currency

Filing 21

ORDER FOR ADDITIONAL MATERIALS. Signed by Judge Joseph C. Spero on September 24, 2013. (jcslc1S, COURT STAFF) (Filed on 9/24/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No. 13-cv-01799-JCS

Plaintiff,
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v.

ORDER FOR ADDITIONAL
MATERIALS

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United States District Court
Northern District of California

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APPROXIMATELY $73,670 IN UNITED
STATES CURRENCY,
Defendant.

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The United States has filed a Motion for Default Judgment (“Motion”) in this action for

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judicial forfeiture. A hearing on the Motion was held on September 6, 2013. At the hearing, the

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Court asked the United States to provide additional materials addressing: 1) discrepancies in

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certain monetary amounts set forth in the Complaint and Motion; and 2) whether the victims

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identified in the complaint were “potential claimants” who should have been given notice of this

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action. In addition, the Court asked the United States to submit a copy of the “Notice of Forfeiture

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Action” listed in the Certificate of Service filed on April 22, 2013 [Docket No. 5].

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On September 13, 2013, the United States submitted a supplemental declaration by

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Assistant United States Attorney Kimberly Hopkins [Docket No. 19] (“Hopkins Supp. Decl.”).

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Ms. Hopkins addressed some of the discrepancies and explained that the victims submitted

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Petitions for Remissions, which have been approved, and that the United States “anticipates that

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the victims will receive the remaining loss amount claimed in their Petitions for Remission once

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the case is resolved.” Hopkins Supp. Decl. ¶ 8. According to the supplemental declaration, “[t]he

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victim’s affirmative choice to seek remission indicated their decision not to contest the forfeiture.”

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The Court cannot determine, from the information provided, that the victims are not

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“potential claimant” under the statutory scheme governing judicial forfeitures.

Further, the

United States has not provided a copy of the Notice of Forfeiture Action, as the Court requested at

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oral argument. The Court therefore requests that the United States provide the following additional

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materials in support of its Motion: 1) the Notice of Forfeiture Action requested at the September

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6, 2013 hearing; 2) a copy of the notice of administrative forfeiture that was sent to the victims,

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referenced in paragraph 5 of the Hopkins Supp. Decl.; 3) copies of the Petitions for Remission that

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were filed by the victims, also referenced in paragraph 5 of the Hopkins Supp. Decl.; and 4) a

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copy of any written decisions or notifications reflecting the approval of the petitions and/or setting

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forth the procedures and conditions of the payment to the victims. In addition, the United States is

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requested to provide a supplemental brief, not to exceed five (5) pages, providing legal authority

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in support of its contention that the actions of the victims in the administrative proceeding excuse

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United States District Court
Northern District of California

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the United States from the notice requirements that apply in judicial forfeiture actions. The

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additional materials requested by the Court shall be filed by October 11, 2013.

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IT IS SO ORDERED.

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Dated: September 24, 2013
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JOSEPH C. SPERO
United States Magistrate Judge

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