Opinion
1:09-CV-01004-OWW-GSA
09-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. 11880 EAST HARVARD AVENUE, SANGER, CALIFORNIA, FRESNO COUNTY, APN 309-352-02, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, APPROXIMATELY $2,770.00 IN US. CURRENCY, and 2005 CHEVROLET TRUCK, VIN: 2GCEC19T051249989, LICENSE: 7U34478, Defendants.
BENJAMIN B. WAGNER United States Attorney ALYSON A. BERG Assistant United States Attorney United States Courthouse Attorneys for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
United States Courthouse
Attorneys for Plaintiff
FINAL JUDGMENT OF FORFEITURE
Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 1. This is a civil forfeiture action against real property located at 11880 East Harvard Avenue, Sanger, California, Fresno County, APN: 309-352-021 (hereafter "defendant real property"), approximately $2,770.00 in U.S. Currency (hereafter, "defendant currency") and a 2005 Chevrolet Truck, VIN: 2GCEC19T051249989, License: 7U34478 (hereafter "defendant vehicle").
2. A Verified Complaint for Forfeiture In Rem was filed on June 10, 2009, seeking the forfeiture of the defendant real property, alleging that said real property constitutes proceeds and/or property used to facilitate a conspiracy to commit or are traceable to violations of 18 U.S.C. §371 (Conspiracy); 18 U.S.C. §§ 1028 and 1028A (Identity Theft); 18 U.S.C. §1029 (Credit Card Fraud); 18 U.S.C. § 1341(Mail Fraud); 18 U.S.C. § §1343 and 1349 (Wire Fraud), offenses punishable by more than one year's imprisonment and is therefore subject to forfeiture to the United States pursuant to 18 U.S.C. § 981(a)(1)(A) and (C).
3. A Verified Complaint for Forfeiture In Rem was filed on November 9, 2009, seeking the forfeiture of the defendant currency and defendant vehicle, alleging that the defendant currency and defendant vehicle constitute proceeds and/or property used to facilitate a conspiracy to commit or are traceable to a violation of 18 U.S.C. § 1028(a)(7) [Identity Theft], 18 U.S.C. § 1029 [Credit Card Fraud], 18 U.S.C. § 1341 [Mail Fraud], 18 U.S.C. § 1343 [Wire Fraud], 18 U.S.C. § 1349 [Conspiracy to Commit Wire Fraud], and 18 U.S.C. §§ 1956 and 1957 [Money Laundering], and are therefore subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A) and (a)(1)(C).
4. On June 30, 2009, in accordance with said Complaint, the defendant real property was posted with copies of the Verified Complaint and Amended Notice of Complaint in a manner consistent with the requirements of 18 U.S.C. § 985.
5. On November 10, 2009, the Clerk issued a Warrant for Arrest for the defendant currency and defendant vehicle, which was duly executed on November 17, 2009.
6. Beginning on August 7, 2009, for at least 30 consecutive days, the United States published notice of the action against the defendant real property on the official government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on September 17, 2009.
7. Beginning on November 13, 2009, for at least 30 consecutive days, the United States published notice of the action against the defendant currency and defendant vehicle on the official government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on December 15, 2009.
8. In addition to public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals:
a. Renatta Carter-Ford
b. Bank of America N.A.
c. GMAC Inc.
7. Apart from Claimants Renatta Carter-Ford, Bank of America N.A., and GMAC Inc., no other parties have filed claims and answers in this matter, and the time for which any person or entity may file a claim and answer has expired.
8. On September 7, 2011, GMAC Inc. formally withdrew their verified claim as to the defendant vehicle, leaving Renatta Carter-Ford and Bank of America N.A. as the only remaining claimants.
Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED:
1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action.
2. That judgment is hereby entered against Claimants Renatta Carter-Ford, Bank of America N.A., GMAC Inc., and all other potential claimants who have not filed claims in this action.
3. Upon entry of a Final Judgment of Forfeiture herein, the defendant approximately $2,770.00 in U.S. Currency, together with any interest that may have accrued on that amount, shall be forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(A) and (a)(1)(C), to be disposed of according to law.
4. Claimant Renatta Carter-Ford shall pay to the United States the sum of $____ as a substitute res in lieu of the defendant real property within forty-five (45) days from the date of signing this Stipulation for Final Judgment of Forfeiture. Claimant Renatta Carter-Ford shall send a cashier's check in the amount of $____ made payable to the U.S. Marshals Service. The check shall be sent to the U.S. Attorneys Office, Att: Asset Forfeiture Unit, 2500 Tulare Street, Suite 4401, Fresno, California 93721. Said $____ shall be substituted as the res herein, and shall be forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(A) and (a)(1)(C), to be disposed of according to law. Upon payment of the sub res, the United States agrees to forego any further action against the defendant real property based on the facts alleged in the Verified Complaint. Within fourteen days of payment of the sub res, the United States will send a Withdrawal of Lis Pendens to the Fresno County Recorder.
5. Additionally, upon payment of the sub res, the United States agrees to forego any further action against the defendant vehicle.
Claimant Renatta Carter-Ford is already in possession of the defendant vehicle. See Stipulation and Order for Hardship Release entered July 16, 2010. (Docket No. 29)
6. That plaintiff United States of America 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 posting, seizure, arrest, or forfeiture of the defendant real property, defendant vehicle, and 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. The parties waived the provisions of California Civil Code § 1542.
7. Claimant Renatta Carter-Ford shall maintain the defendant real property in the same condition and repair as existed as of the date of the posting, normal wear and tear expected, until she has paid the sub res of $____ to the United States. The term "maintain" shall include where applicable, but is not limited to, keeping the property free of hazard and structural defects; keeping all heating, air conditioning, plumbing, electrical, gas, oil, or other power facilities in good working condition and repair; keeping the property clean and performing such necessary sanitation and waste removal; keeping the property in good condition by providing for lawn and yard maintenance; and other ordinary and necessary items of routine maintenance.
8. Until Claimant Renatta Carter-Ford has paid the sub res of $____ to the United States, Claimant Renatta Carter-Ford shall maintain any and all loan payments and insurance policies currently in effect with respect to the defendant real property, including policies covering liability to persons injured on said property and for property damage to the defendant real property. Claimant Renatta Carter-Ford shall arrange for the inclusion of a rider to all of the above-mentioned policies naming the U.S. Marshals Service as the secondary beneficiary of the insurance policy.
9. Until Claimant Renatta Carter-Ford has paid the sub res of $____ set forth herein, Claimant Renatta Carter-Ford shall allow the U.S. Marshals Service personnel, or its agent, the right to enter and inspect the defendant real property and all buildings thereon on a monthly basis upon 24 hours written notice, which written notice includes, but is not limited to, email notice.
10. Until Claimant Renatta Carter-Ford has paid the sub res of $____ in full to the United States, Claimant Renatta Carter-Ford shall not convey, transfer, encumber, lien, or otherwise pledge the defendant real property without the prior, written approval of the United States. If the United States is satisfied that it will be paid in full, then it will provide written consent to Ms. Carter-Ford to encumber or pledge the defendant real property.
6. That pursuant to the stipulation of the parties, and the allegations set forth in the Complaints filed on or about June 10, 2009 and November 9, 2009, the Court finds that there was reasonable cause for the posting, seizure, and arrest of the defendant real property, defendant vehicle, and defendant currency, and for the commencement and prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly.
7. All parties shall bear their own costs and attorneys' fees.
8. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture.
IT SO ORDERED....
OLIVER W. WANGER
United States District Judge
CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaints for Forfeiture In Rem filed June 10, 2009 and November 9, 2009, 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 posting, seizure, or arrest of the defendant real property, defendant vehicle, and defendant currency, and for the commencement and prosecution of this forfeiture action.
OLIVER W. WANGER
United States District Judge