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McGREGOR W. SCOTT

United States Attorney

KRISTIN S. DOOR SBN 84307

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916) 554-2723

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

APPROXIMATELY $6,380.00 IN U.S.

CURRENCY,

Defendant.

________________________________

PATRICK W. BEWLEY, 

 

 Claimant.

2:04-CV-2609 DFL/DAD PS

FINAL JUDGMENT OF FORFEITURE

Date: N/A

Time: N/A

Courtroom: N/A

Pursuant to the Stipulation for Final Judgment of Forfeiture,

the Court finds as follows:

1. This is a civil forfeiture action against approximately

$6380.00 in U.S. Currency (hereinafter the "defendant currency")

seized from claimant on March 31, 2004 by the West El Dorado County

Narcotic Enforcement Team (WENET) on land in the Eastern District

of California. The currency was subsequently adopted for

forfeiture by the Drug Enforcement Administration (DEA) on April

30, 2004.

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

December 9, 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 December 9, 2004, the Court issued a Warrant

of Arrest In Rem for the defendant currency, and that warrant was

duly executed on December 10, 2004.

4. On or about December 16, 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 claimant.

5. On or about January 7, 2005, a Public Notice of Arrest of

defendant currency appeared by publication in the Mountain

Democrat, a newspaper of general circulation in the county in which

the defendant currency was seized (El Dorado County). The Proof of

Publication was filed with the Court on January 25, 2005.

6. In addition to the publication of the Public Notice of

Arrest having been completed, actual notice of the forfeiture was

given to claimant Bewley on January 12, 2005, by personal service

of the documents described in ¶ 4. 

7. Apart from claimant Bewley, 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 Judgment of

Forfeiture entered into by and between the parties to this action.

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2. That judgment is hereby entered against claimant Patrick

W. Bewley and all other potential claimants who have not filed

claims in this action.

3. That all right, title, and interest in $4780.00 of the

approximately $6380.00 in U.S. Currency, together with any interest

that may have accrued on that amount, 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 $1600.00 of the approximately $6380.00 in U.S.

Currency, together with any interest that may have accrued on that

amount, shall be returned to claimant Bewley. 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 $1600.00, plus any accrued interest on that amount, made

payable to Patrick Bewley and send it Patrick Bewley at 3374

Fairway Drive, Cameron Park, CA 95682.

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 waive the provisions

of California Civil Code § 1532.

6. That claimant Bewley waives any and all claim or right to

interest that may have accrued on the approximately $4780 of the

$6380, or any portion thereof, seized on March 31, 2004.

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

allegations set forth in the Complaint for Forfeiture In Rem filed

December 9, 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 22 day of June, 2005.

 /s/ David F. Levi 

 DAVID F. LEVI

United States District Judge

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 December 9, 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.

/s/ David F. Levi

 DAVID F. LEVI

United States District Judge

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