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United States v. Approximately $8

United States District Court, E.D. California

June 20, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
APPROXIMATELY $8, 130.00 IN U.S. CURRENCY, Defendant.

          PHILLIP A. TALBERT Assistant United States Attorney

          KEVIN C. KHASIGIAN Assistant U.S. Attorney, Attorneys for the United States

          CONSENT JUDGMENT OF FORFEITURE

          Troy L. Nunley United States District Judge.

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

         1. On September 24, 2015, agents with the United States Postal Inspection Service (“USPIS”) seized approximately $8, 130.00 in U.S. Currency (“the defendant currency”) from Corey Ross Frymoyer (“Frymoyer”) during a parcel interdiction at the Processing and Distribution Center located in West Sacramento, California.

         2. USPIS commenced administrative forfeiture proceedings, sending direct written notice to all known potential claimants and publishing notice to all others. On or about November 30, 2015, USPIS received a claim from Frymoyer asserting an ownership interest in the defendant currency.

         3. The United States represents that it could show at a forfeiture trial that on September 24, 2015, USPIS conducted a parcel interdiction at the Processing and Distribution Center located at 3775 Industrial Boulevard, West Sacramento, California. During the interdiction, law enforcement officials identified a parcel that bore markers consistent with parcels used for shipping contraband. An investigation traced the return address to Jeremy Leach (“Leach”) in Mifflintown, PA 17059. The package was addressed to a P.O. Box number in Folsom, CA.

         4. The United States represents that it could further show at a forfeiture trial that law enforcement officials presented the package to a drug detection dog, and the dog positively alerted to the presence of the odor of narcotics. Law enforcement officials contacted Leach, who gave consent to open the parcel. Leach said the parcel contained $8, 000.00. When the parcel was opened, law enforcement officials located a gym bag. Inside the gym bag was a yellow plastic bag containing $8, 130.00.

         5. The United States represents that it could further show at a forfeiture trial that Leach told law enforcement officials that he had sent the money as payment for a four wheeler he had purchased on Ebay. Later that day, an individual identifying himself as Austin Corodaway (“Cordaway”) contacted law enforcement officials and said that he was expecting the money from Leach as payment for a four wheeler he was selling on Ebay.

         6. The United States represents that it could further show at a forfeiture trial that on November 30, 2015, the USPIS received a claim of ownership from Frymoyer, accompanied by an affidavit from Leach stating under penalty of perjury that the $8, 130.00 was not sent by Leach, but by Frymoyer. Frymoyer stated in his claim that he had sent the money to Corodaway for the purchase of an ATV he had purchased on Craigslist.

         7. The United States could further show at a forfeiture trial that the defendant currency is forfeitable to the United States pursuant to 21 U.S.C. § 881(a)(6).

         8. Without admitting the truth of the factual assertions contained in this stipulation, claimant specifically denying the same, and for the purpose of reaching an amicable resolution and compromise of this matter, claimant agrees that an adequate factual basis exists to support forfeiture of the defendant currency. Corey Ross Frymoyer hereby acknowledges that he is the sole owner of the defendant currency, and that no other person or entity has any legitimate claim of interest therein. Should any person or entity institute any kind of claim or action against the government with regard to its forfeiture of the defendant currency, claimant shall hold harmless and indemnify the United States, as set forth below.

         9. This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and 1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture occurred.

         10. This Court has venue pursuant to 28 U.S.C. § 1395, as this is the judicial district in which ...


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