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United States of America v. Approximately $20

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 27, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
APPROXIMATELY $20,725.00 IN U.S. CURRENCY,
APPROXIMATELY $24,855.00 IN U.S. CURRENCY
SEIZED FROM SAFE DEPOSIT BOX #235,
APPROXIMATELY $129,676.77 SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 02816-06729, APPROXIMATELY $11,196.18 SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 02810-16004, APPROXIMATELY $117,302.47 SEIZED FROM BANK OF AMERICA CD ACCOUNT NUMBER 02819-08191, APPROXIMATELY $185,247.84 SEIZED FROM BANK OF AMERICA CD ACCOUNT NUMBER 02810-08280, APPROXIMATELY $5,242.55 SEIZED FROM CHASE BANK ACCOUNT NUMBER 18212938435, APPROXIMATELY $479,170.28 SEIZED FROM WEST AMERICA BANK ACCOUNT
NUMBER 1505054492, APPROXIMATELY $12,305.80 SEIZED FROM CITY NATIONAL BANK ACCOUNT
NUMBER 25630085, APPROXIMATELY $6,403.46 SEIZED FROM CITY NATIONAL BANK ACCOUNT NUMBER 25630413, APPROXIMATELY $12,186.97 SEIZED FROM CITY NATIONAL BANK ACCOUNT
NUMBER 802820151, APPROXIMATELY $39,715.64 SEIZED FROM CITY NATIONAL BANK ACCOUNT NUMBER 2800578, APPROXIMATELY $37,895.74 SEIZED FROM WEST AMERICA BANK ACCOUNT NUMBER 505107300, APPROXIMATELY $17,928.84 SEIZED FROM CITY NATIONAL BANK ACCOUNT NUMBER 802820585, APPROXIMATELY $12,413.49 SEIZED FROM CITY NATIONAL BANK ACCOUNT NUMBER 2249995, APPROXIMATELY $19,675.65 SEIZED FROM CITY NATIONAL BANK ACCOUNT NUMBER 2249669, APPROXIMATELY $98,515.79 SEIZED FROM CITY NATIONAL BANK ACCOUNT NUMBER 25630652, APPROXIMATELY $7,119.45 SEIZED FROM CITY NATIONAL BANK ACCOUNT NUMBER 25630099, APPROXIMATELY $292,573.97 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 3598404063, APPROXIMATELY $103,117.83 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 910442044750301, AND APPROXIMATELY $63,160.41 SEIZED FROM WELLS FARGO BANK ACCOUNT
NUMBER 7936680284, DEFENDANTS.

TEMPORARY RESTRAINING ORDER

PROHIBITING THE UNITED STATES AND ITS AGENTS, INCLUDING THE D.E.A. AND UNITED STATES ATTORNEY'S OFFICE FROM TRANSFERRING THE SUBJECT PROPERTY TO ANYONE PENDING FURTHER ORDER OF THIS COURT

Claimants Thomas Edward Frankovich and Margaret Atkinson ("Claimants") have moved for a Temporary Restraining Order as well as a preliminary injunction and an order requiring the return of their bank accounts described above. The court finds that:

1. The United States has filed a Notice of Election, stating its intention not to file a complaint for forfeiture of the seized assets, and has allowed its deadline to file a Complaint, and all its extensions, to expire.

2. Prior to the federal proceedings there were proceedings in Tehama County Superior Court regarding Frankovich's Claim Opposing Forfeiture of the subject property, and those proceedings ended with a court order releasing them unconditionally on November 17, 2010.

3. An email from DEA agent Lawrence D'Orazio dated June 22, 2011 indicated the DEA intends imminently to release the funds back to Tehama County instead of returning them to Claimants. The DEA has now agreed to retain the funds pending further order from this Court.

4. The $1.5 million dollars has been seized and detained for one entire year, without any hearing on the merits under either state or federal forfeiture law. With so large a sum detained for so long without any showing of probable cause for the detention, Claimants have shown irreparable harm.

WHEREFORE, it is this 27th day of June, 2011, ORDERED, 2

1. That this Court temporarily enjoins the United States, or 3 its agents, including the U.S. Attorney's Office and DEA, from 4 releasing the assets to anyone until further order from this Court. 5

2. A hearing on Claimants' Motion for a Preliminary 6 Injunction and Order Returning Seized Property to Claimants shall 7 be set for July 11, 2011 at 9:30 a.m. in Courtroom No. 6 of the 8 above-captioned Court. 9

3. Any opposition shall be filed by July 5, 2011.

4. Any reply shall be filed by July 8, 2011.

IT IS SO ORDERED.

20110627

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