United States v. Approximately $380
United States District Court, E.D. California
July 16, 2019
UNITED STATES OF AMERICA, Plaintiff,
v.
APPROXIMATELY $380, 050.00 IN U.S. CURRENCY SEIZED FROM BRIAN ROBINSON IN SEWARD COUNTY, NEBRASKA ON APRIL 25, 2014, APPROXIMATELY $4, 981.25 SEIZED ON JUNE 1, 2015, FROM PNC BANK, ACCOUNT NO. 1044172925, IN THE NAME OF PACAPROPERTIES LLC, A LIMITED LIABILITY CORPORATION REGISTERED TO BRIAN ROBINSON, APPROXIMATELY $17, 758.15 SEIZED ON JUNE 1, 2015, FROM PNC BANK, ACCOUNT NO. 1011254828, IN THE NAME OF BRIAN AND REGINA ROBINSON, APPROXIMATELY $64, 404.64 SEIZED ON JUNE 1, 2015, FROM PNC BANK, ACCOUNT NO. 1016651996, HELD IN THE NAME OF BRIAN ROBINSON, APPROXIMATELY $2, 082.97 SEIZED ON JUNE 1, 2015, FROM TRAVIS CREDIT UNION, ACCOUNT NO. 544676, APPROXIMATELY $12, 057.75 SEIZED ON JUNE 1, 2015, FROM WELLS FARGO BANK, ACCOUNT NO. 6563263778, APPROXIMATELY $6, 110.13 SEIZED ON JUNE 1, 2015, FROM WELLS FARGO BANK, ACCOUNT NO. 7353072494, APPROXIMATELY $80, 000.00 IN U.S. CURRENCY SEIZED ON JUNE 1, 2015, FROM 2745 LAUREL DRIVE, FAIRFIELD, CALIFORNIA, APPROXIMATELY $29, 663.95 SEIZED ON JUNE 1, 2015 FROM EDWARD JONES ACCOUNT NO. 468-94759-1-3, APPROXIMATELY $102, 710.20 SEIZED JUNE 1, 2015 FROM EDWARD JONES ACCOUNT NO. 376-09247-1-6, APPROXIMATELY $3, 645.34 SEIZED ON JUNE 1, 2015 FROM USAA ACCOUNT NO. 51418363, AND APPROXIMATELY $1, 655.69 SEIZED ON JUNE 1, 2015 FROM USAA ACCOUNT NO. 60431733. Defendants.
McGREGOR W. SCOTT United States Attorney MICHELE BECKWITH
KEVIN C. KHASIGIAN Assistant U.S. Attorneys Attorneys for the
United States
CONSENT JUDGMENT OF FORFEITURE
John
A. Mendez United States District Court Judge
Pursuant
to the Stipulation for Consent Judgment of Forfeiture, the
Court finds:
1. In
October 2013, law enforcement intercepted several parcels
containing cash sent from Pennsylvania to a P.O. Box in
Fairfield, California controlled by Brian Robinson
("Robinson" or "claimant") and Kimberly
Santiago Robinson ("Santiago Robinson" or
"claimant"). After a drug dog positively alerted to
the odor of narcotics on the packages, law enforcement
searched them and found several empty cereal boxes containing
approximately $289, 400 in cash. Law enforcement subsequently
searched Robinson's and Santiago Robinson's Fairfield
home and discovered $20, 000 in cash, a money counter, items
consistent with marijuana trafficking, and documents
connecting Cue Thi Schaeffer ("Schaeffer" or
"claimant") and John Acosta ("Acosta" or
"claimant") to marijuana grow properties in
California. After the search, law enforcement searched two
more packages addressed to Brian Robinson at his P.O. Box in
Fairfield, California. The packages contained a total of
$164, 020 in cash.
2. On
November 8, 2013, law enforcement searched 3301 Pope Avenue
in Sacramento, California, a property identified through
documents found at Robinson's Fairfield home. During the
search, law enforcement found paperwork linking the occupant,
Schaeffer, to Robinson, Acosta and marijuana trafficking, as
well as property located at 6300 Blarney Way in Pilot Hill,
California. Law enforcement interviewed Schaeffer who
acknowledged owning 6300 Blarney Way in Pilot Hill,
California, and renting the property to Acosta. Pilot Hill is
a rural town located in El Dorado County.
3. On
November 13, 2013, law enforcement searched 6300 Blarney Way
in Pilot Hill and found a dismantled marijuana grow operation
containing piles of marijuana leaves and trimmings, pots
containing marijuana stalks, and marijuana drying devices. An
aerial image obtained by law enforcement shows an active
marijuana grow at the property on September 13, 2013.
4. On
January 31, 2014, law enforcement arrested Antonio Benitez
Gonzalez ("Gonzalez" or "claimant") after
connecting his vehicle to marijuana trafficking through a
receipt signed by Schaeffer. Gonzalez acknowledged to law
enforcement that he assisted Acosta with the marijuana grow
operation in El Dorado County (Pilot Hill) and
operating an indoor grow operation at a house located at 150
Arcade Boulevard in Salinas, California.
5. On
March 18, 2014, law enforcement searched 150 Arcade Boulevard
in Salinas, California and found forty-nine mature marijuana
plants, multiple rolls of vacuum-seal plastic and pre-cut
squares of vacuum-sealing packaging. Acosta was present at
the house during the search.
6. On
or about April 25, 2014, Seward County Sheriffs Officers
conducted a traffic stop of Robinson's 2008 GMS Sierra
pickup truck as the vehicle traveled westbound on Interstate
80 in Seward County, Nebraska. Robinson was the driver and
sole occupant of the vehicle. A drug dog trained to alert to
the presence of the odor of narcotics was present at the
traffic stop and positively alerted to the odor of narcotics
on Robinson's vehicle. A subsequent search of the vehicle
uncovered a black duffel bag containing eleven Ziplock bags
stuffed with rubber-banded bundles of currency. A later bank
count of the rubber-banded cash seized from the duffel bag
totaled $380, 050.00 in cash-the "defendant $380, 050.00
in U.S. Currency."
7. On
June 1, 2015, law enforcement searched Robinson's and
Santiago Robinson's Fairfield home and found $80, 000 in
cash-the "defendant $80, 000.00 in U.S. Currency."
Law enforcement also seized bank accounts connected to
Robinson, Santiago Robinson and/or Robinson's businesses
at the following financial institutions: PNC Bank, Travis
Credit Union, Wells Fargo Bank, Edward Jones, and United
Services Automobile Association ("USAA"). In total,
law enforcement seized ten bank accounts, as set forth above.
8.
Claimants do not dispute the United States could show at a
forfeiture trial that the defendant assets are forfeitable to
the United States pursuant to 21 U.S.C. § 881(a)(6).
9.
Without admitting the truth of the factual assertions
contained above, claimants specifically denying the same, and
for the purpose of reaching an amicable resolution and
compromise of this matter, claimants agree that an adequate
factual basis exists to support forfeiture of the defendant
assets. Claimants acknowledged that they are the sole owners
of the defendant assets, 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 assets, claimants shall hold harmless and indemnify
the United States, as set forth below.
10.
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 ...