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 8333 KAMELIA COURT, ELK GROVE, CA
Pursuant
to the Stipulation for Final Judgment of Forfeiture, the
Court finds:
1. This
is a civil forfeiture action against five real properties,
one of which is the real property located at 8333 Kamelia
Court, Elk Grove, California, Sacramento County, APN:
115-1840-053-0000 (“defendant property”).
2. A
Verified Complaint for Forfeiture In Rem
(“Complaint”) was filed on April 4, 2018,
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
May 15, 2018, the defendant property was posted with a copy
of the Complaint and Notice of Complaint.
4.
Beginning on April 20, 2018, 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 May 21, 2018.
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
individual related to this defendant property:
a. Hai Yan Chen.
6.
Claimant Hai Yan Chen filed a Claim and Answer to the
Complaint on June 29, 2018. No. other parties have filed
claims or answers regarding this defendant property, and the
time in which any person or entity may file a claim and
answer has expired.
7. On
November 16, 2018, escrow closed for the defendant property
at 8333 Kamelia Court, Elk Grove, California, Sacramento
County, APN: 115-1840-053-0000, and the United States
received a cashier's check in the amount of $109, 787.06,
which will be substituted in lieu of the real property.
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 claimant Hai Yan Chen, and
all other potential claimants who have not filed claims in
this action.
2. Upon
entry of this Partial Final Judgment of Forfeiture, $71,
361.59 of the Approximately $109, 787.06 in net proceeds from
the sale of defendant property located at 8333 Kamelia Court,
Elk Grove, California, Sacramento County, APN:
115-1840-053-0000, together with any interest that may have
accrued on the total amount of net proceeds, shall be
forfeited to the United States pursuant to 21 U.S.C.
§§ 881(a)(6) and 881(a)(7), to be disposed of
according to law.
3. Upon
entry of this Partial Final Judgment of Forfeiture, but no
later than 60 days thereafter, $38, 425.47 of the
Approximately $109, 787.06 in net proceeds from the sale of
defendant property located at 8333 Kamelia Court, Elk Grove,
California, Sacramento County, APN: ...