United States of America v. U S Currency in the Approximate Amount of $50,121.00 et al

Filing 16

JUDGMENT, DECREE OF FORFEITURE AND CERTIFICATE OF REASONABLE CAUSE granting 15 Motion for Judgment, Decree of Forfeiture and Certificate of Reasonable Cause. 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 (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
vs.
U.S. CURRENCY IN THE
APPROXIMATE AMOUNT OF
$50,121.00 and a 2002 GMC YUKON,
VIN: 1GKEK63U02J171947,
Defendants.

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Case No. CV-11-309-N-BLW
JUDGMENT, DECREE OF
FORFEITURE AND
CERTIFICATE OF
REASONABLE CAUSE

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 (ECF No. 15), and the Court being fully advised in the
premises, finds:
1.

That on July 6, 2011, the United States filed a Verified Complaint In

Rem (ECF No. 1), alleging that the above-named defendant property was involved
in violations of 21 U.S.C. § 841 et seq. and 18 U.S.C. §§ 1952(a) and 1956(a)(1),
and that it is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(4) and (6), 18
U.S.C. §§ 981(a)(1)(A) and (C).
2.

The United States caused notice of the forfeiture action to be served

on all interested parties and to be published on the official government internet site,
www.forfeiture.gov, for at least thirty (30) consecutive days, beginning on October
12, 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:

JUDGMENT, DECREE OF FORFEITURE AND CERTIFICATE OF REASONABLE CAUSE - 1

a.

Order granting Motion for Entry of Default as to Emiliano

Garcia Hernandez (ECF No. 9) and Order granting Motion for Entry of
Default Judgment as to Emiliano Garcia Hernandez (ECF No. 13).
b.

Order granting Motion for Entry of Default as to Casimiro

Sanchez Garcia (ECF No. 10) and Order granting Motion for Entry of
Default Judgment as to Casimiro Sanchez Garcia (ECF No. 14).
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 judgment (docket no. 15) is GRANTED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that as to the
the defendant property, 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 above-named defendant property is
condemned and forfeited to the United States of America for disposition by the
United States Federal Bureau of Investigation (FBI), 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.
JUDGMENT, DECREE OF FORFEITURE AND CERTIFICATE OF REASONABLE CAUSE - 2

The parties shall bear their own costs and attorney fees.

DATED: May 31, 2012

B. LYNN WINMILL
Chief Judge
United States District Court

JUDGMENT, DECREE OF FORFEITURE AND CERTIFICATE OF REASONABLE CAUSE - 3