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McGREGOR W. SCOTT

United States Attorney

COURTNEY J. LINN

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, California 95814

Telephone: (916) 554-2700

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, )

) 2:04-CV-2070-GEB-DAD

Plaintiff, )

) FINAL JUDGMENT OF 

v. ) FORFEITURE

)

APPROXIMATELY $57,128.87 IN )

U.S. CURRENCY SEIZED FROM )

WELLS FARGO BANK ACCT. NO. )

100-3307319, )

)

Defendant. )

 )

Pursuant to the Stipulation for Final Judgment of Forfeiture,

the Court finds: 

1. This is a civil forfeiture action against approximately

$57,128.87 in funds seized on May 18, 2004 from Wells Fargo Bank

account number 100-3307319,(hereinafter "defendant funds"). 

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

October 1, 2004, seeking the forfeiture of the defendant funds

alleging that such funds were subject to forfeiture to the United

States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 984 for violations

of 18 U.S.C. § 1960, and pursuant to 31 U.S.C. § 5317(c)(2) for

violations of 31 U.S.C. § 5324. 

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3. On or about October 4, 2004, Magistrate Judge Peter A.

Nowinski issued a summons and warrant of arrest in rem for the

defendant funds, and that warrant was duly executed on October 8,

2004.

4. On or about October 26, 2004, a Public Notice of Arrest of

defendant funds appeared by publication in The Stockton Record a

newspaper of general circulation in the county in which the

defendant funds were seized. The Proof of Publication was filed

with the Court on November 4, 2004. 

5. In addition to the Public Notice of Arrest having been

completed, actual notice was given to the following individuals:

a. Susan Gardner, Office Manager, of Pacheco & Jo

located at 555 Capital Mall, #766 in Sacramento,

California, on behalf of their clients, Bunna Im and

Soren Im.

6. On or about November 5, 2004, claimants Bunna Im and Soren

Im filed claims in this action to the defendant funds. On or about

November 23, 2004, Bunna Im and Soren Im filed an Answer to

Plaintiff’s Complaint.

7. Apart from claimants Bunna Im and Soren Im, no other

claimants have filed claims or answers in this matter. The time by

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 claimants Bunna Im

and Soren Im and all other potential claimants who have not filed

claims in this action.

3. Upon entry of a Final Judgment of Forfeiture, $47,128.87

of the defendant funds, together with any interest that may have

accrued on that amount, seized on or about May 18, 2004, shall be

forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(A)

and 31 U.S.C. § 5317(c)(2), to be disposed of according to law.

4. Upon entry of a Final Judgment of Forfeiture herein, but

no later than 60 days thereafter, the United States Department of

Treasury shall electronically transfer $10,000.00 of the defendant

funds, together with any interest that has accrued on that amount,

to claimants Bunna Im and Soren Im through their attorney, Charles

A. Pacheco. 

5. Claimants Bunna Im and Soren Im hereby release plaintiff

United States of America and its servants, agents, and employees

and all other public entities, their servants, agents, and

employees, from any and all liability arising out of or in any way

connected with the arrest/seizure or forfeiture of the

approximately $57,128.87 in defendant funds seized on or about May

18, 2004. This is a full and final release applying to all unknown

and unanticipated injuries, and/or damages arising out of said

arrest/seizure or forfeiture, as well as to those now known or

disclosed. The parties to this agreement agree to waive the

provisions of California Civil Code § 1542, which provides: "A

general release does not extend to claims which the creditor does

not know or suspect to exist in his favor at the time of executing

the release, which if known by him must have materially affected

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his settlement with the debtor."

6. Without admitting that the defendant funds were involved

in, or traceable to, violations of 18 U.S.C. § 1960 and 31 U.S.C. §

5324, claimants Bunna Im and Soren Im stipulate that there was

reasonable cause for the seizure and arrest of the defendant funds

and that the Court may enter a Certificate of Reasonable Cause

pursuant to 28 U.S.C. § 2465.

7. All parties will bear their own costs and attorneys' fees.

IT IS SO ORDERED.

Dated: November 16, 2005

/s/ Garland E. Burrell, Jr.

GARLAND E. BURRELL, JR.

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 October 1, 2004, the Court

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

2465, that there was reasonable cause for seizure of defendant

funds.

Dated: November 16, 2005

/s/ Garland E. Burrell, Jr.

GARLAND E. BURRELL, JR.

United States District Judge

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