United States of America v. $25,833.00 in United States Currency

Filing 17

JUDGMENT OF FORFEITURE by Judge Karen L Strombom. (TW)

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Judge Karen L. Strombom

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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UNITED STATES OF AMERICA,

CASE NO. CV14-5786-KLS

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Plaintiff,

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JUDGMENT OF FORFEITURE

v.

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$25,833.00 IN UNITED STATES
15 CURRENCY,
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Defendant.

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Plaintiff, the United States of America, brought this civil action by filing a Verified

20 Complaint for Forfeiture in Rem on October 3, 2014 against the Defendant Currency. The
21 Complaint alleged that the Defendant Currency is subject to forfeiture to the United States
22 pursuant to 21 U.S.C. § 881(a)(6), which provides for the forfeiture of currency constituting
23 moneys, negotiable instruments, securities, or other things of value furnished or intended to
24 be furnished by any person in exchange for a controlled substance, all proceeds traceable to
25 such an exchange, and all moneys, negotiable instruments, and securities used or intended to
26 be used to facilitate violations of 21 U.S.C. § 841(a)(1).
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On October 3, 2014, the United States filed a Notice of Verified Complaint for

28 Forfeiture in Rem, in which all interested persons were advised to file their claims pursuant
Judgment of Forfeiture (CV14-5786-KLS)
United States v. $25,833.00 in U.S. Currency - 1

UNITED STATES ATTORNEY
1201 PACIFIC AVENUE, SUITE 700
TACOMA, WASHINGTON 98402
[phone]

1 to Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset
2 Forfeiture Actions of the Federal Rules of Civil Procedure with the Clerk of the Court within
3 thirty-five (35) days after the date of service of the Complaint and to serve their Answers to
4 the Complaint within twenty-one (21) days after filing a claim.
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Notice of the forfeiture action was published on www.forfeiture.gov, an official

6 government website, for at least thirty (30) consecutive days beginning on October 11, 2014,
7 pursuant to Rule G(4)(a) of the Supplemental Rules for Admiralty or Maritime Claims and
8 Asset Forfeiture Actions of the Federal Rules of Civil Procedure. All interested persons
9 were advised to file their claims pursuant to Rule G(5) of the Supplemental Rules for
10 Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil
11 Procedure with the Clerk of the Court within sixty (60) days after the first date of publication
12 and to serve their Answers to the Complaint within twenty-one (21) days after filing a claim.
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On October 23, 2014, Claimant filed his Claim to the above-captioned Defendant

14 Currency via his attorney of record and Answer to the Complaint. No other persons or
15 entities filed any claim of interest and/or right to the Defendant Currency and the time for
16 doing so has expired.
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On July 28, 2015, the parties entered into a Stipulated Settlement Agreement. The

18 terms of the Agreement were as follows: Claimant Jermilo Juan Larkins (the “Claimant”)
19 agreed to withdraw his claim to $18,083.00 of the Defendant Currency; the United States
20 agreed to return the balance of $7,750.00 of the Defendant Currency to the Claimant.
21 Additionally, the Claimant agreed not to oppose a Judgment of Forfeiture as to the remaining
22 $18,083.00 in Defendant Currency.
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Now therefore, on motion by the Plaintiff, the United States of America, for a

24 Judgment of Forfeiture, it is hereby
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ORDERED, ADJUDGED and DECREED as follows:

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1.

This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345

27 and 1355.
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Judgment of Forfeiture (CV14-5786-KLS)
United States v. $25,833.00 in U.S. Currency - 2

UNITED STATES ATTORNEY
1201 PACIFIC AVENUE, SUITE 700
TACOMA, WASHINGTON 98402
[phone]

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2.

Pursuant to 21 U.S.C. § 881(a)(6), the $18,083.00 in Defendant Currency is

2 hereby forfeited to the United States of America. No right, title, or interest in said
3 $18,083.00 shall exist in any other party.
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3.

The United States Marshals Service shall dispose of the $18,083.00 in

5 accordance with the law.
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DATED this 21st day of August, 2015.

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A

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Karen L. Strombom
United States Magistrate Judge

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13 Presented by:
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/s/ Matthew H. Thomas
MATTHEW H. THOMAS
Assistant United States Attorney
United States Attorney’s Office
1201 Pacific Avenue, Suite 700
Tacoma, Washington 98402-4383
Telephone: [phone]

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/s/ Wayne C. Fricke *
WAYNE C. FRICKE
Attorney for Claimant
Hester Law Group, Inc., P.S.
Attorney for Claimant
1008 S. Yakima Avenue, Suite 302
Tacoma, Washington 98405
Telephone: [phone]

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* permission to e-sign obtained via email on
August 19, 2015

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Judgment of Forfeiture (CV14-5786-KLS)
United States v. $25,833.00 in U.S. Currency - 3

UNITED STATES ATTORNEY
1201 PACIFIC AVENUE, SUITE 700
TACOMA, WASHINGTON 98402
[phone]