United States of America v. $16,956.00 US Currency

Filing 23

FINAL ORDER OF FORFEITURE; granting 22 Motion for Entry of Final Order of Forfeiture. Signed by Senior Judge Lonny R. Suko. (CV, Case Administrator)

1 Michael C. Ormsby

United States Attorney

2 Eastern District of Washington

James A. Goeke

3 Assistant United States Attorney

Post Office Box 1494

4 Spokane, WA 99210-1494

Telephone: [phone]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,

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Plaintiff,
vs.
$16,956.00 U.S. CURRENCY,

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Defendant.

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CV-13-223-LRS

Final Order of Forfeiture

Plaintiff, United States of America, alleged in a Verified Complaint for
Forfeiture In Rem that the Defendant currency is subject to forfeiture to the United

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States pursuant to 21 U.S.C. § 881. ECF No. 1. Two Praecipes were filed to correct
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typographical and pagination errors. ECF Nos. 5 and 7.
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The Court has jurisdiction over this matter by virtue of 28 U.S.C. §§ 1345 and
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1355. Venue is proper pursuant to 28 U.S.C. § 1395.
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The defendant property being forfeited is described as follows:

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$16,956.00 U.S. Currency, seized by TVGTF/FBI from Gerardo
Andrade-Echeverria, on or about May 16, 2013, pursuant to the
execution of a search warrant.

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On August 12, 2013, the United States Marshals Service executed the Warrant

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25 of Arrest In Rem. The returned warrant was filed with the Court under the above
26 cause number on August 12, 2013. ECF No. 6.
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Final Order of Forfeiture - 1
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Notice of Civil Forfeiture Action was posted on the official government website

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beginning August 13, through September 11, 2013, as required by Rule G(4)(a)(iv)(C)
of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions, as evidenced by the Notice of Publication filed herein on October 24, 2013.
ECF Nos. 15, 15-1 and 15-2. At the latest, the claim period expired on October 12,
2013.
On or about August 13, 2013, Gerardo Andrade-Echeverria was served at his
last known address, and in care of Attorney Matthew Rutt, via certified mail, return
receipt requested, with a copy of the Verified Complaint for Forfeiture In Rem , the
Praecipes to the Verified Complaint for Forfeiture In Rem, (ECF Nos. 5 and 7), the
Warrant of Arrest In Rem, and the Notice of Complaint for Forfeiture. ECF No. 9 and
9-1. The file reflects that on or about September 3, 2013, the mailing sent to Mr.
Andrade-Echeverria’s last known address (831 S. 11th Street, Pasco, WA 99301-

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5111) was received by the U.S. Attorney’s Office marked “Return to Sender”,

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“Unable to Forward”. The file also reflects that on or about August 19, 2013, the

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mailing sent to Attorney Matthew L. Rutt was received by the U.S. Attorney’s Office

17 marked “No Such Number”. On or about August 19, 2013, the U.S. Attorney’s office
18 re-mailed the documents, via certified mail, return receipt requested, to Attorney
19 Matthew L. Rutt at the address listed in PACER in the related criminal matter. The
20 file reflects that on or about August 23, 2013, this mailing was received by the U.S.
21 Attorney’s Office marked “Not Deliverable As Addressed” and “Unable to Forward”.
22 On or about August 23, 2013, FSA Paralegal Contractor, Darcy Markham, contacted
23 Attorney Matthew L. Rutt via telephone and was advised by Mr. Rutt that he had
24 moved his office 6 months ago. Ms. Markham asked if she could email the
25 documents to Mr. Rutt and he said “yes.” The file reflects that on or about August 23,
26 2013, Ms. Markham emailed the Verified Complaint for Forfeiture In Rem , the
27 Praecipes to the Verified Complaint for Forfeiture In Rem, (ECF Nos. 5 and 7), the
28 Warrant of Arrest In Rem, and the Notice of Complaint for Forfeiture to Mr. Rutt. To
Final Order of Forfeiture - 2
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date, no claim of interest has been received or filed with the Court from Gerardo
Andrade-Echeverria. On September 30, 2013, the United States served and filed its
Notice of Motion for Default. ECF No. 13. On October 24, 2013, the United States
filed a Motion for Default. ECF No. 16. On October 25, 2013, the Clerk entered a
default order as to Gerardo Andrade-Echeverria. ECF No. 20.
On or about August 13, 2013, Alma Delia Andrade-Echeverria was served at
her last known address, via certified mail, return receipt requested, with a copy of the
Verified Complaint for Forfeiture In Rem , the Praecipes to the Verified Complaint for
Forfeiture In Rem, (ECF Nos. 5 and 7), the Warrant of Arrest In Rem, and the Notice
of Complaint for Forfeiture. ECF No. 8 and 8 1. The file reflects that on or about
September 3, 2013, the mailing sent to Ms. Andrade-Echeverria’s last known address
(831 S. 11th Street, Pasco, WA 99301-5111) was received by the U.S. Attorney’s
Office marked “Return to Sender”, “Unable to Forward”. On or about September 26,

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2013, Jerome Brown, Senior Inspector with the U.S. Marshals Service, searched

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LexisNexis and Washington State Department of Licensing (DOL) records for

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addresses for Alma Delia Andrade-Echeverria. The 831 S. 11th Street, Pasco,

17 Washington, is her last known address in LexisNexis and no addresses were found in
18 DOL records. On September 30, 2013, the United States served and filed its Notice of
19 Motion for Default. ECF No. 12. On October 24, 2013, the United States filed a
20 Motion for Default. ECF No. 17. On October 25, 2013, the Clerk entered a default
21 order as to Alma Delia Andrade-Echeverria. ECF No. 19.
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On or about August 13, 2013, Ramon Varaja was served at his last known

23 address, via certified mail, return receipt requested, with a copy of the Verified
24 Complaint for Forfeiture In Rem , the Praecipes to the Verified Complaint for
25 Forfeiture In Rem, (ECF Nos. 5 and 7), the Warrant of Arrest In Rem, and the Notice
26 of Complaint for Forfeiture. ECF No. 10 and 10-1. The file reflects that on or about
27 September 3, 2013, the mailing sent to Mr. Varaja’s last known address (831 S. 11

th

28 Street, Pasco, WA 99301-5111) was received by the U.S. Attorney’s Office marked
Final Order of Forfeiture - 3
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“Return to Sender”, “Unable to Forward”. On or about September 26, 2013, Jerome
Brown, Senior Inspector with the U.S. Marshals Service, searched LexisNexis and
Washington State Department of Licensing (DOL) records for addresses for Ramon
Varaja. The 831 S. 11th Street, Pasco, Washington, is his last known address in
LexisNexis and no addresses were found in DOL records. On September 30, 2013,
the United States served and filed its Notice of Motion for Default. ECF No. 14. On
October 24, 2013, the United States filed a Motion for Default. ECF No. 18. On
October 25, 2013, the Clerk entered a default order as to Ramon Varaja. ECF No. 21.
It appearing to the Court that any and all potential claimant’s interest in the
defendant property has been resolved through the entry of the Clerk’s Orders of
Default as to Gerardo Andrade-Echeverria, Alma Delia Andrade-Echeverria, and
Ramon Varaja;
It also appearing to the Court that no other timely claims have been made to the
defendant property;
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the
defendant property is hereby forfeited to the United States of America, and no right,

17 title, or interest shall exist in any other person.
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IT IS FURTHER ORDERED that the United States shall dispose of the

19 forfeited defendant property in accordance with law.
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DATED this 16th day of December, 2013.

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s/Lonny R. Suko
_____________________________________
Lonny R. Suko
Senior United States District Judge

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24 Presented by:
25 Michael C. Ormsby

United States Attorney

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s/James A. Goeke
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James A. Goeke

28 Assistant United States Attorney
Final Order of Forfeiture - 4
FoF $16,956.docx