United States District Court, E.D. California
PHILLIP A. TALBERT Acting United States Attorney J USTIN L.
LEE Assistant U.S. Attorney Attorneys for the United States
CONSENT JUDGMENT OF FORFEITURE
Garland F. Burrell, Jr. United States District Judge
to the Stipulation for Consent Judgment of Forfeiture, the
or about March 25, 2015, agents with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (“ATF”) seized
Approximately $51, 498.00 in U.S. Currency and Miscellaneous
Firearms and Ammunition listed in Exhibit A attached
(hereafter “defendant properties”) during a
probation search on Thomas Chadd at his residence located at
854 A Street, Lincoln, California.
ATF commenced administrative forfeiture proceedings, sending
direct notice to all known potential claimants and publishing
notice to all others. On or about June 15, 2015, the ATF
received a claim from Thomas Chadd (“Chadd” or
“claimant”) asserting an ownership interest in
the defendant properties.
United States represents that it could show at a forfeiture
trial that in October of 2014, law enforcement began
investigating Thomas Chadd’s involvement in the Drug
Trafficking Organization of Kendall Thrift
(“Thrift”). Thrift was running a large-scale
marijuana distribution operation that was sending 100-pound
loads of marijuana to North Carolina. Thrift was indicted on
drug charges in this district. After Thrift went into federal
custody, he handed the marijuana operation off to Chadd who
ran the business until February of 2016.
United States represents that it could also show at a
forfeiture trial that on March 25, 2015, ATF, Placer County
Probation Officers, and detectives with the Placer County
Special Investigations Unit conducted a probation search on
Chadd at his residence at 854 A Street, Lincoln, California.
Officers found a locked safe located in the living room.
Officers advised Chadd that his probation status made the
safe searchable pursuant to his probation terms. After
forcing open the safe, officers found the firearms and
ammunition listed in Exhibit A attached hereto, along with a
short-barrel AK-47-type rifle. In addition, officers found
$51, 498.00 in cash and indicia in the safe related to Chadd.
The cash was bundled in six piles and each pile was secured
with rubber bands. In total, officers found and seized 23
firearms and 21 ammunition magazines in the house.
February 24, 2016, an Indictment was filed charging Chadd
with Conspiracy to Manufacture and Distribute Marijuana in
violation of 21 U.S.C. §§ 846 and 841(a)(1) and
Possession of an Unregistered Firearm in violation of 26
U.S.C. § 5861(d) in U.S. v. Thomas Chadd,
2:16-CR-00037-GEB. The Indictment also contained a forfeiture
allegation that included the defendant properties. On June 6,
2016, Thomas Chadd pled guilty to Possession of an
Unregistered Firearm in violation of 26 U.S.C. § 5861(d)
and agreed to forfeit all of his right, title, and interest
to the defendant properties.
United States could further show at a forfeiture trial that
the defendant properties are forfeitable to the United States
pursuant to 21 U.S.C. § 881(a)(6).
Without admitting the truth of the factual assertions
contained above, 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
properties. Claimant hereby acknowledges that he is the sole
owner of the defendant properties, 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 properties, claimant shall hold harmless and
indemnify the United States, as set forth below.
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
Court has venue pursuant to 28 U.S.C. § 1395, as this is
the judicial district in which the defendant properties were
parties herein desire to settle this matter pursuant to the
terms of a duly executed Stipulation for Consent Judgment of
upon the above findings, and the files and records of the
Court, it ...