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McGREGOR W. SCOTT

United States Attorney

COURTNEY J. LINN

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916) 554-2700

IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

APPROXIMATELY $13,400.00 IN U.S.

CURRENCY,

Defendant.

CIV-S-04-2610 GEB JFM

FINAL JUDGMENT OF

FORFEITURE

 

MICHELE JOANNA HILLIARD AND

DANIEL LLOYD HILLIARD,

 Potential Claimants. 

Pursuant to the Stipulation for Final Judgment of Forfeiture, the

Court finds: 

1. This is a civil forfeiture action against approximately

$13,400.00 in U.S. Currency seized from Michele Joanna Hilliard on

March 31, 2004 (hereinafter the "defendant currency") 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. That 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. That 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. That 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.

5. That in addition to the Public Notice of Arrest having been

completed, actual notice was served upon Potential Claimants Michele

Joanna Hilliard and Daniel Lloyd Hilliard on or about December 16,

2004. 

6. Neither Michele Joanna Hilliard nor Daniel Lloyd Hilliard

have filed claims or answers in this matter. Michele Joanna Hilliard

filed a claim with DEA to the defendant currency in the administrative

forfeiture action. 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. Michele Joanna Hilliard represents and

warrants that she is the sole owner of the defendant currency. 

Based on the above findings, and the Court being otherwise fully

advised in the premises, it is hereby 

/////

/////

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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.

2. That judgment is hereby entered against Potential Claimants

Michele Joanna Hilliard and Daniel Lloyd Hilliard and all other

Potential Claimants who have not filed claims in this action.

3. That all right, title, and interest in $8,040.00 of the

approximately $13,400.00 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 $5,360.00 of the approximately $13,400.00 in U.S.

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

amount, shall be returned to Potential Claimants Michele Joanna

Hilliard and Daniel Lloyd Hilliard. Said payment shall be made no

later than 30 days after entry of this Final Judgment of Forfeiture.

The U.S. Marshals Service shall issue a check in the amount of

$5,360.00, plus any accrued interest on that amount, made payable to

Michele Joanna Hilliard and send it to Richard J. Petersen, Esq., P.O.

Box 1526, 444 N. School Street, Ukiah, California 95482.

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

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seizure or forfeiture, as well as to those now known or disclosed.

The parties waive the provisions of California Civil Code § 1542.

6. That Potential Claimants Michele Joanna Hilliard and Daniel

Lloyd Hilliard waive any and all claim or right to interest that may

have accrued on the approximately $8,040.00 of the $13,400.00 in U.S.

currency, or any portion thereof, seized on March 31, 2004.

7. 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.

DATED: May 18, 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 December 9, 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 currency.

Dated: May 18, 2005

/s/ Garland E. Burrell, Jr.

GARLAND E. BURRELL, JR.

United States District Judge

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