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United States v. 11880 East Harvard Avenue

July 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
11880 EAST HARVARD AVENUE, SANGER, CALIFORNIA, FRESNO COUNTY, APN 309-352-02, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, APPROXIMATELY $2,770.00 IN US. CURRENCY, AND 2005 CHEVROLET TRUCK, VIN: 2GCEC19T051249989, LICENSE: 7U34478, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

STIPULATION FOR TEMPORARY HARDSHIP RELEASE AND ORDER THEREON

IT IS HEREBY STIPULATED by and between Plaintiff United States of America, Claimant Renatta Carter-Ford ("Claimant"), through their attorney of record as follows:

1. This is a civil forfeiture action which affects the defendant a 2005 Chevrolet Truck, VIN: 2GCEC19T051249989, License Number 7U34478, (hereafter "defendant vehicle")

2. A Verified Complaint for Forfeiture In Rem was filed on November 9, 2009, seeking the forfeiture of the defendant vehicle, alleging said vehicle is subject to forfeiture to the United States of America pursuant to 18 U.S.C. § 981(a)(1)(A) and (a)(1)(C), on the grounds that the defendant vehicle constitutes proceeds and/or property used to facilitate a conspiracy to commit or are traceable to a violation of 18 U.S.C. § 1028(a)(7) [Identity Theft], 18 U.S.C. § 1029 [Credit Card Fraud], 18 U.S.C. § 1341 [Mail Fraud], 18 U.S.C. § 1343 [Wire Fraud], 18 U.S.C. § 1349 [Conspiracy to Commit Wire Fraud], and 18 U.S.C. §§ 1956 and 1957 [Money Laundering].

3. On November 10, 2009, in accordance with said Complaint, a Warrant For Arrest of Articles In Rem for the defendant vehicle was issued and duly executed on December 15, 2009.

4. Public notice of the forfeiture action was published on the official internet government forfeiture site www.forfeiture.gov for at least 30 consecutive days beginning November 19, 2009, as required by Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The Declaration of Publication was filed with the Court on December 15, 2009.

5. In addition to the Public Notice of Arrest having been completed, actual notice was served upon Renatta Carter-Ford and lien holder GMAC, Inc., dba GMAC Financial Services Inc., a corporation (hereafter GMAC). GMAC filed their Answer to the Complaint and Request For Expedited Settlement on January 14, 2010. On July 13, 2010, the government received verification that GMAC's lien on the defendant vehicle is $494.99. To date, 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.

6. The United States' allegations are set forth in its Verified Complaint For Forfeiture In Rem filed November 9, 2009.

7. Claimant has provided verification that on June 11, 2010, she was involved in a traffic accident in which her 1996 Toyota 4 Runner was totaled. The United States and Claimant have agreed to the return of defendant vehicle pursuant to 18 U.S.C. Section 983(f) pending completion of the pending forfeiture proceedings in accord with the following terms:

TERMS OF RELEASE

(a) Defendant vehicle shall be released pending final disposition in this matter to Claimant upon execution of this agreement and entry of the Order for use by Claimant.

(b) Upon release of the vehicle, pending final disposition of the forfeiture proceedings involving defendant vehicle, Claimant agrees to maintain the vehicle so as to preserve it in at least the same condition as when the defendant vehicle was seized. Claimant agrees to make, at her expense, all repairs and undertake all maintenance necessary to assure compliance with this paragraph. This shall include, but is not limited to, all regularly scheduled maintenance and inspection items specified by the manufacturer and replacement of such items as fluids, oils, lubricants, water, tires, belts, hoses or other parts required to be replaced to maintain the vehicle in at least the same condition as when seized. Where the manufacturer's regularly scheduled maintenance schedule specifies replacement of moving parts, whether or not those parts have ceased normal functioning, claimant shall replace such parts in accordance with the recommended schedule. All replacements shall be with parts which meet or exceed manufacturer's specifications. If Claimant proposes to replace any factory installed part with any part which is not authorized or recommended by the manufacturer, claimant shall obtain the prior written approval of the United States Attorneys Office.

(c) Claimant shall comply with all licensing and inspection requirements of the State of California, including timely paying all personal property taxes and licensing fees.

(d) Claimant agrees to maintain insurance coverage on defendant vehicle acceptable to the United States to insure the vehicle against loss. This coverage shall include liability, comprehensive and collision coverage with a deductible in the event of loss not to exceed $500. Prior to release of defendant vehicle, Claimant shall furnish written proof that the United States has been named as a loss payee on the insurance policy in the event of any partial or total loss involving the defendant vehicle. Proof of compliance with this provision shall be provided to the United States prior to release of the vehicle to Claimant. In addition, ...


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