Free Judgment - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CIV-03-1571-PHX-EHC Plaintiff, v. Miscellaneous Firearms, Ammunition and Explosives, Defendants. STIPULATED JUDGMENT CERTIFICATE OF REASONABLE CAUSE

Plaintiff, United States of America, by and through its attorney, Paul K. Charlton, United States Attorney for the District of Arizona, Lisa Roberts, Assistant United States Attorney, of counsel, and Claimant Miriam Ruth Segal by and through her attorney, Bruce Blumberg, present this stipulation regarding the interest of above captioned defendants, to resolve this matter. There being no objection and the Court finding good cause, the Stipulation is hereby accepted, and it is hereby, ORDERED that the defendants named in this action, and further described below are hereby forfeited to the United States pursuant 18 U.S.C. §924(d), 18 U.S.C. §844(c) and 26 U.S.C. §5872. The defendants are more specifically described as: Unknown, Machine-gun, SN#76387; Unknown, Machine-gun, SN:17873; Beretta 38A, Unknown, SN#8674; Unknown Machine-gun, SN#NONE; Unknown, Manufacturer MBA 207 Machine-gun, SN#27934-6000-0-4040-5; Unknown Manufacturer, unknown, SN#NONE; Unknown Manufacturer British Bulldog Rifle,

Case 2:03-cv-01571-EHC

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Filed 11/01/2005

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SN#NONE; 16 Each (7.62x39 Caliber) Drum Magazines; Pen Launcher, SN#NONE; Unknown Manufacturer, unknown, unknown SN#NONE; Unknown Manufacturer British Bulldog Rifle, SN#A7013; FN Machine-gun, SN#EFAL 000S061; Unknown Manufacturer M18A1 Machinegun SN#12458; Unknown, SN#650; 1 Each Rocket Launcher; 1 Each Blindicide Launcher; 16 Each (30 Caliber) Round (5 Rounds); Browning M2 Machine-gun, SN#1136628; Fleming Firearms Cobray Machine-gun, SN#NONE; 1 Each Rocket Launcher; 1 Each Rocket Launcher; 16 Each (50 Caliber) Rounds (1 Rounds); 1 Each Rocket Launcher w/obl. SN#none; Accesories, Recoil-Less Rifle, SN#NONE; 1 Each Rocket Launcher w/SN#276411; 1 Each (50 Caliber) Round (37 Rounds); 1 Each Rocket Law Launcher; 1 Each Launcher w/Warhead; 1 Each Pyrodex; 1 Each Fuse; 1 Each (50 Caliber) Rounds (14 Rounds). IT IS FURTHER ORDERED that this Stipulation and Order shall not be admissible in any criminal matter reasonably related to the allegations contained in the civil forfeiture complaint filed in this action, absent specific approval and consent obtained in writing from Claimant. Plaintiff has represented that it will not tender this agreement nor any part thereof for the proposition that Claimant has admitted criminal liability or responsibility as the result of the terms of this agreement in the civil forfeiture action, whether termed an admission, confession, or statement against interest. IT IS FURTHER ORDERED that Claimant Miriam Ruth Segal releases and forever discharges the United States and the Department of Justice, the Bureau of Alcohol, Tobacco, Firearms and Explosive, the United States Treasury Department and all officers, employees, contract employees, agents, and task force agents from any and all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and/or demands whatsoever in law or equity which Claimant, her heirs, successors, or assigns ever had, now have, or may have in the future in connection with the seizure, detention, and forfeiture of the above-captioned defendants. The Court finds that at the time of the seizure the agents investigating the acts described in the complaint had reasonable cause for the seizure of the defendants, pursuant to 28 U.S.C.
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§2465. The Court also finds that Claimants did not substantially prevail regarding the disposition of the defendant property included herewith. The Bureau of Alcohol, Tobacco, Firearms and Explosives shall dispose of the defendant property according to law. Each party is responsible for their respective costs and attorney fees. Done this 27th day of October, 2005.

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