United States of America v. 478 West Great Basin Drive, Meridian, Ada County, Idaho
Filing
36
JUDGMENT, DECREE OF FORFEITURE AND CERTIFICATE OF REASONABLE CAUSE granting 35 Motion for Entry of Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Case No. 1:11-cv-00426-BLW
Plaintiff,
vs.
REAL PROPERTY LOCATED AT 478
West Great Basin Drive, Meridian, Ada
County, Idaho, being APN No.
R1333240540, and all fixtures,
improvements and appurtenances thereon
(Owners of Record: Jorge Pacheco and
Irma Jaramillo),
JUDGMENT, DECREE OF
FORFEITURE AND
CERTIFICATE OF REASONABLE
CAUSE
Defendant.
This cause coming before the Court upon the application of Plaintiff, United States
of America, for Judgment, Decree of Forfeiture and Certificate of Reasonable Cause (Dkt
35), and the Court being fully advised in the premises, finds:
1.
That on September 13, 2011, the United States filed a Verified Complaint
In Rem (Dkt. 1), alleging that the above-named defendant property constituted property
traceable to gross proceeds of violations of 8 U.S.C. § 1324, and therefore subject to
forfeiture pursuant to 8 U.S.C. § 1324(b);
2.
The United States caused notice of the forfeiture action to be served on all
JUDGMENT, DECREE OF FORFEITURE AND
CERTIFICATE OF REASONABLE CAUSE - 1
interested parties and to be published on the official government internet site,
www.forfeiture.gov, for at least thirty (30) consecutive days, beginning on September 24,
2011, in accordance with the requirements of Rule G(4)(a) and (b) of the Supplemental
Rules of Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of
Civil Procedure;
3.
The following Orders were filed:
a.
Order Approving Stipulation and Agreement for Settlement of Claim
of Ada County Treasurer (Dkt. 33) was entered by this Court on
April 24, 2012, and payment of taxes in the amount of $1,019.55 was
made to Ada County Treasurer by First American Title and Escrow
Company on or about April 27, 2012 from the sale proceeds of the
defendant property.
b.
The Order Approving Stipulation and Agreement for Settlement of
Claim as to Irma Jaramillo (Dkt. 32) was entered by this Court on
April 24, 2012, and pursuant to said Order, the defendant property
was sold, closing on or about April 27, 2012. Irma Jaramillo
retained $59,574.40 of the net sale proceeds, and the United States
received $97,200.33 net sale proceeds on April 27, 2012 via check
issued from First American Title and Escrow Company.
c.
Order granting Motion for Entry of Default as to Jorge Pacheco was
JUDGMENT, DECREE OF FORFEITURE AND
CERTIFICATE OF REASONABLE CAUSE - 2
entered was entered on April 17, 2012 (Dkt. 29) and Order granting
Motion for Entry of Default Judgment as to Jorge Pacheco was
entered on April 24, 2012 (Dkt. 34).
4.
There are no other interested persons, no other claims have been filed;
5.
The allegations of the Verified Complaint In Rem are taken as admitted; and
6.
This Court has jurisdiction pursuant to 28 U.S.C. § 1355(b)(1)(A) and (B).
Based upon the findings, the record herein, and the Court being otherwise fully
advised in this matter, NOW, THEREFORE:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Motion
for Entry of Judgment, Decree of Forfeiture and Certificate of Reasonable Cause (Dkt.
35) is GRANTED, and that, as to the defendant res of $97,200.33 United States currency,
judgment of forfeiture is hereby entered in favor of the United States and against the
persons above-named and all other persons or parties, forfeiting all right, title, claim or
interest they may have in said property, and that title to such property be and is hereby
vested in the United States of America, and that no other person or entity shall have any
claim of interest therein.
IT IS FURTHER ORDERED that the defendant res of $97,200.33 in United
States currency is condemned and forfeited to the United States of America for
disposition by the United States Immigration and Customs Enforcement - Homeland
Security Investigations, United States Customs and Border Protection and/or their agents,
JUDGMENT, DECREE OF FORFEITURE AND
CERTIFICATE OF REASONABLE CAUSE - 3
according to law;
IT IS HEREBY CERTIFIED by this Court, pursuant to 28 U.S.C. § 2465 and
based upon the pleadings on file, that there was reasonable cause for seizure on the part of
the United States of America.
The parties shall bear their own costs and attorney fees, except for the payment of
attorneys fees and costs to the Legal Services Corporation for Payment of Claimant Irma
Jaramillo’s legal counsel in an amount not to exceed $5,000, pursuant to 18 U.S.C. §
983(b)(2).
DATED: June 29, 2012
B. LYNN WINMILL
Chief U.S. District Court Judge
JUDGMENT, DECREE OF FORFEITURE AND
CERTIFICATE OF REASONABLE CAUSE - 4
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