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McGREGOR W. SCOTT

United States Attorney

KRISTIN S. DOOR, SBN 84307

Assistant United States Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916)554-2723

Facsimile: (916)554-2900

Attorneys for Plaintiff

United States of America

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) 2:04-CV-2397 WBS/KJM

)

Plaintiff, ) FINAL JUDGMENT OF

) FORFEITURE

v. )

)

$50,000 in U.S. CURRENCY SEIZED )

FROM WASHINGTON MUTUAL SAFE DEPOSIT)

BOX NUMBER 00027392676, ) 

) 

Defendant. ) 

___________________________________)

)

SHANE WELCH AND TIM JASON ALLEN, )

)

Claimants. )

___________________________________)

Pursuant to the Stipulation for Final Judgment of

Forfeiture, the Court finds as follows:

1. This is a civil forfeiture action against $50,000 in

U.S. Currency (hereinafter the "defendant currency") seized from

a safe deposit box at Washington Mutual Bank in Gold River,

California, in Sacramento County, in the Eastern District of

California on June 23, 2004. The currency was subsequently

adopted for forfeiture by the Drug Enforcement Administration

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(DEA) on July 22, 2004.

2. A Complaint for Forfeiture In Rem was filed on or about

November 10, 2004, seeking the forfeiture of the defendant

currency, alleging that said currency is subject to forfeiture to

the United States pursuant to 21 U.S.C. § 881(a)(6). 

3. On or about November 10, 2004, the Court issued a

Warrant of Arrest In Rem for the defendant currency, and that

warrant was duly executed on November 15, 2004.

4. On or about November 12, 2004 copies of the Complaint

for Forfeiture In Rem, Summons and Warrant of Arrest In Rem,

Affidavit, Application and Order for Publication, and court

notices were served by certified mail on claimants.

5. On or about January 13, 2005, a Public Notice of Arrest

of defendant currency appeared by publication in The Daily

Recorder, a newspaper of general circulation in the county in

which the defendant currency was seized (Sacramento County). The

Proof of Publication was filed with the Court on January 25,

2005.

6. Claimants filed a verified claim to the defendant

property on December 6, 2004, and filed an Answer to the

Complaint for Forfeiture In Rem on December 6, 2004. 

7. Other than claimants, no other parties have filed

claims or answers in this matter, and the time for which any

person or entity may file a claim and answer has expired. 

Based on the above findings, and the Court being otherwise

fully advised in the premises, it is hereby

ORDERED AND ADJUDGED;

1. That the Court adopts the Stipulation for Final

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Judgment of Forfeiture entered into by and between the parties to

this action.

2. That judgment is hereby entered against claimants Shane

Welch and Tim Jason Allen and all other potential claimants who

have not filed claims in this action.

3. That all right, title, and interest in $40,000.00 of

the defendant currency, together with any interest that may have

accrued on $40,000.00, is hereby forfeited to the United States

pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to

law.

4. That $10,000.00 of the defendant currency, together with

any interest that may have accrued on $10,000.00, shall be

returned to claimants Shane Welch and Tim Jason Allen, to be

apportioned between them as they deem appropriate. Said payment

shall be made no later than 60 days after entry of this Final

Judgment of Forfeiture. The U.S. Marshals Service shall issue a

check in the amount of $10,000.00, plus any accrued interest on

that amount, made payable jointly to Shane Welch, Tim Allen, and

attorney Charles A. Pacheco and shall send it to attorney Charles

A. Pachecho at 8031 Freeport Boulevard, Sacramento, California

95832.

5. 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

seizure or forfeiture of the defendant currency. This is a full

and final release applying to all unknown or unanticipated

injuries, as well as those now known or disclosed. The parties

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waive the provisions of California Civil Code § 1532.

6. That claimants Welch and Allen waive any and all claim

or right to interest that may have accrued on the $40,000 to be

forfeited to the United States.

7. That pursuant to the stipulation of the parties, and

allegations set forth in the Complaint for Forfeiture In Rem

filed November 10, 2004, the Court finds that there was

reasonable cause for the seizure of defendant currency, and a

Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465

shall be entered accordingly.

8. That all parties are to bear their own costs and

attorneys’ fees.

SO ORDERED THIS 18th day of November, 2005.

CERTIFICATE OF REASONABLE CAUSE

Pursuant to the Stipulation for Final Judgment of Forfeiture

filed herein and the allegations set forth in the Complaint for

Forfeiture In Rem filed November 10, 2004, the Court enters this

Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465,

that there was reasonable cause for the seizure of the defendant

currency.

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