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United States v. Approximately $23

United States District Court, Ninth Circuit

December 20, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
APPROXIMATELY $23, 770.87 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NO. 0050 1112 8989, HELD IN THE NAME OF G&R EMPIRE, LLC, APPROXIMATELY $6, 741.29 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NO. 0050 1113 0692, HELD IN THE NAME OF PHOENIX CASH & CARRY, LLC, APPROXIMATELY $9, 774.73 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NO. 0049 6875 8911, HELD IN THE NAME OF IDEAL TOBACCO WHOLESALE, INC., APPROXIMATELY $7, 054.55 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NO. XXX-XXXXXXX, HELD IN THE NAME OF BITTAR FAMILY TRUST, APPROXIMATELY $31, 402.20 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NO. XXX-XXXXXXX, HELD IN THE NAME OF RAED MOURI AND LOUDY EGHO, APPROXIMATELY $29, 095.02 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NO. XXX-XXXXXXX, HELD IN THE NAME OF BITTAR FAMILY TRUST, APPROXIMATELY 6, 954 TOTAL BOXES OF ASSORTED SMOKEABLE OTP EVIDENCE (CONTAINING APPROXIMATELY 431, 447 UNITS OF SMOKEABLE OTP) RECOVERED FROM IDEAL TOBACCO WHOLESALE, APPROXIMATELY 22 TOTAL BOXES OF SMOKEABLE OTP EVIDENCE (CONTAINING APPROXIMATELY 1, 350 UNITS OF SMOKEABLE OTP) RECOVERED FROM THE ABF DELIVERY TRUCK AT IDEAL TOBACCO WHOLESALE, AND APPROXIMATELY 87, 595 UNITS OF ASSORTED SMOKEABLE OTP EVIDENCE RECOVERED FROM PHOENIX CASH & CARRY, Defendants.

FINAL JUDGMENT OF FORFEITURE

JOHN A. MENDEZ, District Judge.

Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

1. This is a civil forfeiture action against the above captioned assets (hereafter "defendant properties") seized on or about August 13, 2008.

2. A Verified Complaint for Forfeiture In Rem ("Complaint") was filed on November 14, 2008, alleging that the above captioned defendant properties are subject to forfeiture to the United States pursuant to 18 U.S.C. ยงยง 981(a)(1)(A) and (a)(1)(C).

3. On or about November 19, 2008, the Clerk issued a Warrant for Arrest for the defendant properties, and that warrant was executed on November 25, 2008, December 3, 2008, and December 22, 2008.

4. Beginning on December 10, 2008, for at least thirty consecutive days, the United States published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on February 2, 2009.

5. In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals or entities:

a. Raed Mouri
b. George Bittar
c. Loudy Egho
d. Wanda Bittar
e. Charles Gerken
f. Phoenix Cash & Carry
g. Joseph M. Anderson dba ...

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