Free Motion for Default Judgment - District Court of California - California

Case 3:08-cv-00394-WQH-CAB

Document 7-4

Filed 07/18/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

KAREN P. HEWITT United States Attorney BRUCE C. SMITH Assistant U.S. Attorney California State Bar No. 078225 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619)557-6963 E-mail: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) SIGNED PERSONAL CHECK NO.730 ) OF YUBRAN S MESLE, DRAWN ) FROM BANK OF AMERICA ACCOUNT ) NO. 09672 67676 IN THE ) AMOUNT OF $240,000.00 IN ) U.S. CURRENCY, ) ) SIGNED PERSONAL CHECK NO.1004 ) OF YUBRAN S MESLE, DRAWN ) FROM WELLS FARGO BANK ACCOUNT ) NO. 3572585739 IN THE AMOUNT ) OF $5,000.00 IN U.S. CURRENCY, ) ) SIGNED PERSONAL CHECK NO.1040 ) OF YUBRAN S MESLE, DRAWN ) FROM BANK OF AMERICA ACCOUNT ) NO. 24547 67190, NO AMOUNT ) STATED, ) ) $197,031.14 IN U.S. CURRENCY ) SEIZED FROM BANK OF AMERICA ) ACCOUNT NO. 09672 67676 ON ) FEBRUARY 22,2008, ) ) $1,598.21 IN U.S. CURRENCY ) SEIZED FROM WELLS FARGO BANK ) ACCOUNT NO. 3572585739 ON ) FEBRUARY 22,2008, ) ) Defendants. ) ____________________________________) UNITED STATES OF AMERICA, Case No. 08cv0394-WQH(CAB) DECLARATION OF BRUCE C. SMITH IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT

EXHIBIT 3

Case 3:08-cv-00394-WQH-CAB

Document 7-4

Filed 07/18/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Bruce C. Smith, declare: 1. I am the Assistant United States Attorney primarily responsible for the prosecution

of this case. I have prepared this Declaration based upon my review of the Court's docket and the file maintained by the U.S. Attorney's office with respect to this case. 2. On March 3, 2008, a Complaint for Forfeiture was filed in the above action in the

United States District Court for the Southern District of California against the above defendants. On March 11, 2008, the defendants were seized and arrested by a duly authorized agent of the United States Customs and Border Protection, who thereafter took possession and custody of the defendants, pursuant to the Court's Order appointing United States Customs and Border Protection as custodian, dated March 6, 2008. 3. On March 6, 2008, Notice of Judicial Forfeiture Proceedings and a copy of the

Complaint for Forfeiture were sent by certified mail to the following potential claimants at their addresses of record: Name and Address Ata Z. Dighlawi 39702 Fairview Court Murrieta, CA 92563-6540 Ata Mohamed 39702 Fairview Court Murrieta, CA 92563-6540 Dighlawi Mahbuba 39702 Fairview Court Murrieta, CA 92563-6540 Jubran Mesle 11587 Trailway Drive Riverside CA 92505 Yubran S. Mesle 11587 Trailway Drive Riverside CA 92505 Jubran Dighlawi 11587 Trailway Drive Riverside CA 92505 Jubran Dighlawi 13646 Lowell Street Corona, CA 92880 Article No.
7004 2510 0003 3014 6394

Result Delivered on 3/8/08 per USPS track & confirm Delivered on 3/17/08 per USPS track & confirm Delivered on 3/8/08 per USPS track & confirm Delivered on 3/8/08 per USPS track & confirm Delivered on 3/8/08 per USPS track & confirm Delivered on 3/8/08 per USPS track & confirm Delivered on 3/24/08 per USPS track & confirm

7004 2510 0003 3014 6387

7004 2510 0003 3014 6370

7004 2510 0003 3014 6363

7004 2510 0003 3014 6356

7004 2510 0003 3014 6417

7004 2510 0003 3014 6400

2

08cv0934

Case 3:08-cv-00394-WQH-CAB

Document 7-4

Filed 07/18/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4.

On April 4, 16 and 23, 2008, pursuant to Rule G(5) of the Supplemental Rules for

Admiralty or Maritime and Claims and Asset Forfeiture Actions, notice was published in the San Diego Commerce newspaper. 5. From the time of said notice, no claim or answer has been filed regarding the above-

named defendants by anyone. 6. On June 9, 2008, a Declaration of and Request for Clerk's Entry of Default was filed

in this case. A Clerk's Entry of Default was issued on June 10, 2008, and a copy is attached to the Motion as Exhibit 2. I declare under penalty of perjury that the foregoing is true and correct to the best of my information, knowledge and belief. DATED: July 18, 2008. s/ Bruce C. Smith BRUCE C. SMITH Assistant U.S. Attorney Attorneys for Plaintiff United States of America Email: [email protected]

3

08cv0934