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U.S. v. Approximately $27,999.00 in U.S. Currency, 2:18-cv-01077-MCE-EFB. (2019)

Court: District Court, E.D. California Number: infdco20190124925 Visitors: 6
Filed: Jan. 23, 2019
Latest Update: Jan. 23, 2019
Summary: FINAL JUDGMENT OF FORFEITURE MORRISON C. ENGLAND, JR. , District Judge . Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against Approximately $27,999.00 in U.S. Currency ("defendant currency") seized on or about May 17, 2017. 2. A Verified Complaint for Forfeiture In Rem ("Complaint") was filed on April 30, 2018, alleging that said defendant currency is subject to forfeiture to the United States pursuant to 21 U.S.C.
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FINAL JUDGMENT OF FORFEITURE

Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

1. This is a civil forfeiture action against Approximately $27,999.00 in U.S. Currency ("defendant currency") seized on or about May 17, 2017.

2. A Verified Complaint for Forfeiture In Rem ("Complaint") was filed on April 30, 2018, alleging that said defendant currency is subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6).

3. On May 3, 2018, the Clerk issued a Warrant for Arrest for the defendant currency, and that warrant was executed on May 21, 2018.

4. Beginning on May 12, 2018, for at least 30 consecutive days, the United States published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on August 23, 2018.

5. In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals:

a. Abricka Smith, b. Korrine Cruz-Felton, and c. Charlie Smith.

6. Claimant Abricka Smith ("claimant") filed a Claim on June 15, 2018, and an Answer to the Complaint on July 3, 2018. No other parties have filed claims or answers in this matter, and the time in which any person or entity may file a claim and answer has expired.

7. Claimant Abricka Smith represents and warrants that she is the sole owner of the defendant currency.

8. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against Korrine Cruz-Felton and Charlie Smith on January 15, 2019. Pursuant to Local Rule 540, the United States and claimant request that, as a part of this Final Judgment of Forfeiture, the Court enter a default judgment against the interest, if any, of Korrine Cruz-Felton and Charlie Smith without further notice.

Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED:

1. Judgment is hereby entered against claimant Abricka Smith, and all other potential claimants who have not filed claims in this action.

2. Upon entry of this Final Judgment of Forfeiture, $11,499.00 of the Approximately $27,999.00 in U.S. Currency, together with any interest that may have accrued on the total amount seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law.

3. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, $16,500.00 of the Approximately $27,999.00 in U.S. Currency shall be returned to claimant Abricka Smith through her attorney Peter S. Herrick.

4. The United States and its servants, agents, and employees and all other public entities, their servants, agents, and employees, are released from any and all liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the defendant currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. Claimant waived the provisions of California Civil Code § 1542.

5. All parties are to bear their own costs and attorneys' fees.

6. The U.S. District Court for the Eastern District of California, Hon. Morrison C. England, Jr., District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture.

7. Based upon the allegations set forth in the Complaint filed April 30, 2018, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the defendant currency, and for the commencement and prosecution of this forfeiture action.

IT IS SO ORDERED.

Source:  Leagle

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