United States v. Cardona-Rocha
3:20-cr-03083
S.D. Cal.Apr 14, 2025Background
- Salvador Cardona-Rocha was previously found to own property and assets linked to criminal conduct, which were subject to forfeiture under federal law.
- The court initially issued a Preliminary Order of Criminal Forfeiture seizing a range of assets, including vehicles, firearms, various sums of U.S. currency, cellphones, and real property.
- The court also identified additional parties that could have an interest in the properties and included them in the proceedings, either terminating or extinguishing their interests pursuant to law and settlement agreements.
- The United States published public notice and provided direct notice to potential third-party claimants regarding the forfeiture, offering the opportunity to dispute the forfeiture or assert lawful claims.
- No third party filed any claim to one specific asset: $1,029 in U.S. currency.
- The government moved for a Second Amended Order of Forfeiture solely as to this sum, seeking confirmation that title vests exclusively with the United States.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $1,029 in U.S. currency should be finally forfeited to the government | No valid third-party claims were made; forfeiture proper | No opposing argument presented | Forfeiture of the $1,029 to the U.S. approved |
| Whether former interest holders maintain rights in the forfeited assets | All interests properly extinguished via notice, settlement, and law | No opposing argument presented | All prior interests specifically terminated |
| Whether procedural requirements for notice and publication were satisfied | Published and directly notified all required parties | No opposing argument presented | Court finds all procedural requirements met |
| Whether government may dispose of forfeited assets under federal law | All criteria met under statutes for disposition | No opposing argument presented | Government authorized to dispose per statute |
Key Cases Cited
No official reporter case citations are referenced in the order; only statutory authorities were relied upon.
