United States of America v. $15,600.00 in U.S. Currency

Filing 3

ORDER Granting 2 Ex Parte Motion to Appoint US Marshal as Custodian. Signed by Judge Janis L. Sammartino on 4/2/2018. (mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No.: 18-CV-637 JLS (BGS)

Plaintiff,

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v.

ORDER GRANTING EX PARTE
MOTION

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$15,600.00 in U.S. CURRENCY,

(ECF No. 2)

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Defendant.

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Presently before the Court is Plaintiff the United States of America’s Ex Parte

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Motion to Appoint the United States Marshal as Custodian and to Deposit Defendant

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Currency in Seized Assets Deposit Accounts and to Substitute the Res, (“MTN,” ECF No.

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2). Plaintiff requests an exception to General Order 273 which relieves the United States

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Marshal from his duties of seizing and storing property. (Id. at 1; see S.D. Cal. General

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Order 273 (outlining general guidelines “In the Matter of Appointing Substitute Custodian

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for Seized Property”, http://sp.casd.circ9.dcn/General%20Orders/GO_273.pdf).) Plaintiff

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states the United States Marshals Service has consented to assume responsibility for the

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protection of the defendant currency and has established the Seized Assets Deposit

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Account for the deposit of seized currency until further order of the Court. (MTN 1.)

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Good cause appearing, the Court GRANTS Plaintiff’s Motion and:
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18-CV-637 JLS (BGS)

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(1) ORDERS that the United States Marshal SHALL be custodian of the defendant
currency on behalf of this Court until further Order; and

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(2) ORDERS that the United States Marshal SHALL deposit the defendant

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currency in the Seized Assets Deposit Account which shall be substituted as the res in this

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action. See United States v. $57,480.05 U.S. Currency & Other Coins, 722 F.2d 1457,

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1459 (9th Cir. 1984) (tacitly approving account-for-currency res substitution).

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IT IS SO ORDERED.
Dated: April 2, 2018

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18-CV-637 JLS (BGS)