United States District Court, E.D. California
McGREGOR W. SCOTT United States Attorney KEVIN C. KHASIGIAN
Assistant U.S. Attorney Attorneys for the United States
PARTIAL FINAL JUDGMENT OF FORFEITURE RE REAL PROPERTY
LOCATED AT 8982 ELDER CREEK ROAD, SACRAMENTO, CA
Pursuant
to the Stipulation for Final Judgment of Forfeiture, the
Court finds:
1. This
is a civil forfeiture action against six real properties, one
of which is the real property located at 8982 Elder Creek
Road, Sacramento, California, Sacramento County, APN:
064-0033-031-0000 (“defendant property”).
2. A
Verified Complaint for Forfeiture In Rem
(“Complaint”) was filed on September 22, 2016,
alleging that said defendant property is subject to
forfeiture to the United States pursuant to 21 U.S.C.
§§ 881(a)(6) and 881(a)(7).
3. On
September 28, 2016, the defendant property was posted with a
copy of the Complaint and Notice of Complaint.
4.
Beginning on October 25, 2016, for at least 30 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 November 25, 2016.
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 related to this defendant property:
a. Xiahua Ouyang
b. Lone Oak Fund, LLC
6. Claimant Lone Oak Fund, LLC, filed a Claim and Answer on
October 14, 2016. Xiahua Ouyang filed a Claim and Answer on
November 3, 2016. No. other parties have filed claims or
answers in this matter as to the defendant property, and the
time in which any person or entity may file a claim and
answer has expired.
7. On
August 10, 2018, escrow closed for the defendant property at
8982 Elder Creek Road, Sacramento, California, Sacramento
County, APN: 064-0033-031-0000, and the United States
received a wire transfer in the amount of $118, 941.35, which
will be substituted in lieu of the real property. Lone Oak
Fund, LLC was paid in full through escrow. Lone Oak Fund, LLC
withdrew their Claim on October 16, 2018.
Based
on the above findings, and the files and records of the
Court, it is hereby ORDERED AND ADJUDGED:
1.
Judgment is hereby entered against claimants Lone Oak Fund,
LLC and Xiahua Ouyang, and all other potential claimants who
have not filed claims in this action.
2. Upon
entry of this Partial Final Judgment of Forfeiture, $77,
311.88 of the Approximately $118, 941.35 in net proceeds from
the sale of defendant property located at 8982 Elder Creek
Road, Sacramento, California, Sacramento County, APN:
064-0033-031-0000, together with any interest that may have
accrued on the total amount of net proceeds, shall be
forfeited to ...