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U.S. v. $439

United States District Court, Northern District of California, San Francisco Division


May 21, 2003

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$439,380 IN UNITED STATES CURRENCY DEFENDANT.

The opinion of the court was delivered by: Charles R. Breyer, United States District Judge

SETTLEMENT STIPULATION AND FINAL ORDER OF FORFEITURE

STIPULATION

The United States of America, Plaintiff, and Peter R. Crane and Hui Ming Leung, Claimants, in full settlement of all claims and disputes herein, stipulate and agree as follows:

1. Probable cause existed for the seizure of the $439,380 in United States currency and sufficient evidence exists to establish forfeiture of said funds, as alleged in the Complaint for Forfeiture.
2. $422,000 of the defendant funds shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), as alleged in the Complaint for Forfeiture.
3. $17,380 of the defendant funds shall be returned to the Claimants in care of Peter R. Crane, Esq., 204 Cazneau Avenue, Suite A, Sausalito, California 94965 (tel. no. 415 302-6725).
4. The United States and all agents and officers thereof, including local law enforcement officers, shall be held harmless for any and all acts directly or indirectly related to the seizure of said funds and this forfeiture proceeding.
5. Each party shall pays its own costs and attorney fees.
ORDER

IT IS SO ORDERED. Based upon the above stipulation and all pleadings herein, the Court finds that probable cause existed for the seizure of the defendant $439,380 and that the government possesses sufficient evidence to establish forfeiture of same. Therefore, it is hereby ORDERED THAT:

1. $422,000 of the defendant funds shall be and hereby is forfeited to the United States of America pursuant to 21 U.S.C. § 881(a)(6), as alleged in the Complaint for Forfeiture. All right, title and interest in said $422,000 is hereby vested in the United States. All other claims are hereby barred forever. The United States Marshal shall dispose of the forfeited funds according to law.
2. $17,380 of the defendant funds shall promptly be returned to the Claimants in care of Peter R. Crane, Esq., 204 Cazneau Avenue, Suite A, Sausalito, California 94965 (tel. no. 415 302-6725).
3. The United States and all agents and officers thereof, including local law enforcement officers, shall be held harmless for any and all acts directly or indirectly related to the seizure of said funds and this forfeiture proceeding.
4. Each party shall pays its own costs an attorney fees.
20030521

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