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United States of America v. Richie Mishal

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 21, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
RICHIE MISHAL, AKA AKRAM ABDELLATIF, AKA TOM HANNEY, AND FAISAL MOHAMMAD RASHID, AKA SAL,
DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

BENJAMIN B. WAGNER United States Attorney CAROLYN K. DELANEY Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2798

FINAL ORDER OF FORFEITURE

WHEREAS, on or about September 26, 2007, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. § 982(a)(1) and 21 U.S.C. § 853(a) based upon the plea agreements entered into between plaintiff and defendants Richie Mishal and Faisal Mohammad Rashid forfeiting to the United States the following property:

a. Approximately $22,366 in U.S. Currency seized on or about September 15, 2004; and

b. Approximately $15,000 in U.S. Currency seized on or about February 25, 2004.

AND WHEREAS, on October 18, 25, and November 1, 2007, the United States published notification of the Court's Order of Forfeiture in The Daily Recorder (Sacramento County), a newspaper of general circulation located in the county in which the subject property was seized. Said published notice advised all third parties of their right to petition the Court within thirty (30) days of the publication date for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

AND WHEREAS, the United States sent direct written notice or attempted direct written notice by certified mail to Ehab Elsayed and Saima Iqbal Rashid;

AND WHEREAS, the Court has been advised that no third party has filed a claim to the subject property, and the time for any person or entity to file a claim has expired.

Accordingly, it is hereby ORDERED and ADJUDGED:

1. A Final Order of Forfeiture shall be entered forfeiting to the United States of America all right, title, and interest in the above-listed property pursuant to 18 U.S.C. § 982(a)(1) and 21 U.S.C. § 853(a), to be disposed of according to law, including all right, title, and interest of defendants Richie Mishal and Fisal Mohammad Rashid.

2. All right, title, and interest in the above-described property shall vest solely in the name of the United States of America.

3. The U.S. Marshals Service shall maintain custody of and control over the subject property until it is disposed of according to law.

IT IS SO ORDERED.

20110621

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