Preview
. Electronically Filed
11/10/2020 8:17 AM
BIRGIT FLADAGER Superior Court of~CaIifornia
Stanislaus County District Attorney . County 0f Stanislaus
- ‘ Clerk of the Court
2 832 12th Street, Suite 300 ..
Modesto, CA 95354 ,
By: Erin Barnett, Deputy
3 Telephone: (209) 525-5550
4 Attorney for Petitioner 7 $435 EXEMPT
56789
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF STANISLAUS
10
000
’
11 DA. No. F20053
THE PEOPLE OF THE STATE OF CALIFORNIA, '
) NO.:
CV-20-00 4965
I2
13 Petitioner, ) ‘
vs.
14 .
,
, ) PETITION FOR FORFEITURE
UNITED STATES CURRENCY IN THE AMOUNT OF PROPERTY
15 OF $35,894.23, $14,298.43, AND $155,946.03, )
HEALTH AND SAFETY CODE
16
Respondent, ) §§ 11470, 11488.4 (a)
17 "
FRANCISCO JAVIER PEREZ AGUIRRE _)
18
Real Party In Interest. )
19
.. .. .000 ..
20
21 Petitioner itscounsel BIRGIT FLADAGER, District
by and through Attorney, hereby
22
alleges:
23 I
.
24 of the of
This is an action for forfeiture Respondent property pursuant to the provisions
25 Health Code Sections 11470, et on behalf of the People of the State of
and Safety seq. brought
26
California.
mmmmmnm
$191122 tNDH
27 II m-._21.-.-med-‘
28 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a).
l
11469. et seq.)
Petition for Forfeiture of Property (Health and Safety Code. §
1 III
2 The Respondent property is described as U.S. Currency in the amounts of $35,894.23,
3 $14,298.43, and $155,946.03.
4 IV
5 U.S. Currency in the amount of $35,894.23 was seized by the California Highway Patrol
6 and the Alameda County Narcotics Task Force (ACNTF) on May 4, 2020 on SR-99 highway
7 north of West Main Street, Turlock, Stanislaus County, California. On May 11, 2020,
8 $14,298.43 U.S. Currency and $155,946.03 U.S. Currency was seized by search warrant from
9 Chase Bank and Wells Fargo Bank, respectively. The respondent property is currently located
10 in the custody of the Stanislaus County District Attorney's Office, within the jurisdiction of this
11 court.
12 V
13 Petitioner is informed and believes and thereon alleges that on or before May 4, 2020,
14 the Respondent property was furnished or intended to be furnished by a person in exchange for
15 a controlled substance, was proceeds traceable to an exchange for a controlled substance and/or
16 was used or intended to be used to facilitate one or more of certain enumerated drug trafficking
17 offenses, all of which are alleged to have occurred within five years of the seizure of the
18 property. The facts in support of the above allegations are as follows:
19 On May 4, 2020, Officer Fowles of the California Highway Patrol (CHP) was traveling
20 northbound on SR-99 south of Main Street in the #3 lane, in Stanislaus County. Officer Fowles
21 initiated a traffic stop on a white Freightliner towing a Maersk intermodal trailer at the right
22 shoulder of northbound SR-99 north of West Main Street in Turlock, California. The driver was
23 identified by his California driver's license as Francisco Javier Perez Aguirre. Mr. Perez-
24 Aguirre was the only person in the vehicle. Mr. Perez-Aguirre did not have the registration to
25 the vehicle but provided his insurance to prove the vehicle belonged to him. Mr. Perez-Aguirre
26 informed Officer Fowles he was corning from Fresno and heading to Ceres and then to deliver a
27 load to the Oakland Port the following day. Officer Fowles ordered Mr. Perez-Aguirre to exit
28 his vehicle. Mr. Perez-Aguirre stated he drives from Fresno to Oakland about three to four times
2
Petition for Forfeiture of Property (Health and Safety Code, § 1 I 469, et seq.)
1 a week. As a commercial driver, he is required to have a book log, however, Mr. Perez-Aguirre
2 did not have one. Officer Fowles requested assistance with the stop and Officer Salazar arrived
3 at the scene.
4 Officer Fowles issued a CHP 215, a notice to appear citation, to Mr. Perez-Aguirre.
5 Officer Fowles continued talking with Mr. Perez-Aguirre about his load. Mr. Perez-Aguirre
6 stated the trailer did not belong to him. Officer Fowles observed blue seal on the trailer doors.
7 Officer Fowles asked Mr. Perez-Aguirre if there were any illegal drugs or large amounts of
8 money inside his truck and Mr. Perez-Aguirre stated no. Dispatch was contacted to conduct a
9 record and registration check. The registration check determined Mr. Perez-Aguirre was the
10 owner of the vehicle.
11 Officer Fowles deployed his K-9 service dog, Pakito, to detect any illegal substances
12 from the vehicle or trailer.The K-9 sniffed along the vehicle and stopped along the passenger
13 door and would not move. At this time Pakito was returned to the patrol vehicle. Dispatch
14 advised that Mr. Perez-Aguirre's commercial license was not valid and had expired in
15 December of 2019. Officer Fowler cited Mr. Perez-Aguirre on the violations and requested
16 consent to search the vehicle. Mr. Perez-Aguirre gave consent and was provided with a CHP
17 202D Consent Search form. The form was read entirely and signed by Mr. Perez-Aguirre. Mr.
18 Perez-Aguirre stated everything in the vehicle belonged to him.
19 A search of the vehicle revealed a black plastic bag which contained three large zip lock
20 bags with large amounts of U.S. currency rubber-banded together. The total amount of currency
21 was $35,894.23 U.S. Another plastic bag contained a white crystal substance suspected to be
22 methamphetamine and a separate bag contained a white powdery substance suspected to be
23 cocaine. These bags were in the overhead storage compartment above the driver's seat. A
24 digital scale and small plastic baggy containing a white crystal substance were located behind
25 the driver's seat in a storage cabinet. There were small pieces of paper with amounts of
26 "15000", "12000", and "8000" written on them. Based on the findings, Mr. Perez-Aguirre was
27 placed under arrest and searched. In his wallet, there were four bank cards all under his name
28 and one under "Francisco Trucking" . The bank cards were Chase, Wells Fargo Platinum, and
3
Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 two for Wells Fargo Business Platinum.
2 Officer Fowles was contacted by Detective C. Sanchez from the Alameda County
3 Narcotics Task Force (ACNTF) during the traffic stop . Detective Sanchez wanted to speak with
4 Mr. Perez-Aguirre to continue the investigation. Mr. Perez-Aguirre was transported to the
5 Modesto CHP office for further investigation. Detective Sanchez was contacted by Western
6 States Information Network Business (WSIN) database regarding an officer investigating the
7 subject, Mr. Perez-Aguirre. There was an invoice for the cargo that Mr. Perez-Aguirre was
8 transporting from Fresno. Detective Sanchez later arrived at the Modesto CHP office to conduct
9 an interview with Mr. Perez-Aguirre. Mr. Perez-Aguirre admitted that the methamphetamine,
10 cocaine, and U.S. currency belonged to him and that he was transporting the cargo to the
11 Oakland Port. The U.S. currency was collected by the Alameda County Narcotics Task Force.
12 Due to the Covid-19 pandemic, Mr. Perez-Aguirre was released from custody at the Modesto
13 CHP office after the interview.
14 A search warrant was later granted to seize the funds from the four bank accounts at
15 Chase and Wells Fargo. The search warrant included all financial records of a three-year period.
16 A check from the Chase account was received in the total of $14,298.43 and a check from the
17 Wells Fargo accounts was received in the amount of $155,946.03. Financial record of the Chase
18 account showed Mr. Perez-Aguirre had had a balance of $29,298.43, however, he had
19 withdrawn exactly $15,000.00 U.S. currency between April 23, 2020 and May 14, 2020. The
20 total amount seized from this investigation is $206,138.69 U.S. currency.
21 Based on the findings, it was believed that Mr. Perez-Aguirre transports and sell and
22 illegal narcotics. The large amount of currency is believed to be proceeds from narcotic sales. It
23 is believed that Mr. Perez-Aguirre uses his Freightliner vehicle to traffic narcotics throughout
24 California. Sergeant Hassna opined that individuals engaged in manufacturing, producing, and
25 trafficking of illegal narcotics often store the illicit proceeds in their residence, vehicles, and/or
26 financial institutions.
27 On September 15, 2020, at his arraignment, Francisco Javier Perez Aguirre was provided
28 with a notice of seizure, a property receipt, and a claim opposing form.
4
Petition for Forfeiture of Property (Health and Safety Code,§ 11469, et seq.)
1 VI
2 Francisco Javier Perez Aguirre is charged by criminal complaint with violations of
3 Health and Safety Code section 11351, Health and Safety Code section 11352(a), Health and
4 Safety Code section 11378, and Health and Safety Code section l 1379(a) in Stanislaus County
5 Superior Court Case No. CR-20-007153. This is the underlying criminal case upon which this
6 asset forfeiture action is based.
7 Vll
8 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section
9 11470 of the Health and Safety Code in that Respondent property was furnished or intended to
10 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable
11 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate
12 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have
13 occurred within five years of the seizure of the property.
14 WHEREFORE, Petitioner prays:
15 1. For judgment and order declaring respondent property forfeited to the State of
16 California and for disposition pursuant to Health and Safety Code section 11489;
17 2. For costs of suit herein; and
18 3. For such other and further relief as the Court may deem proper.
19 Dated this ___{'fjtJ_ day of November 2020, at Modesto, California.
20 Respectfully submitted,
21
22 D trictA;torn~
BIRGIT FLADAGER
23
~ mton
24 Deputy District Attorney
25
26
27
28
5
Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
Preview
. Electronically Filed 11/10/2020 8:17 AM BIRGIT FLADAGER Superior Court of~CaIifornia Stanislaus County District Attorney . County 0f Stanislaus - ‘ Clerk of the Court 2 832 12th Street, Suite 300 .. Modesto, CA 95354 , By: Erin Barnett, Deputy 3 Telephone: (209) 525-5550 4 Attorney for Petitioner 7 $435 EXEMPT 56789 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF STANISLAUS 10 000 ’ 11 DA. No. F20053 THE PEOPLE OF THE STATE OF CALIFORNIA, ' ) NO.: CV-20-00 4965 I2 13 Petitioner, ) ‘ vs. 14 . , , ) PETITION FOR FORFEITURE UNITED STATES CURRENCY IN THE AMOUNT OF PROPERTY 15 OF $35,894.23, $14,298.43, AND $155,946.03, ) HEALTH AND SAFETY CODE 16 Respondent, ) §§ 11470, 11488.4 (a) 17 " FRANCISCO JAVIER PEREZ AGUIRRE _) 18 Real Party In Interest. ) 19 .. .. .000 .. 20 21 Petitioner itscounsel BIRGIT FLADAGER, District by and through Attorney, hereby 22 alleges: 23 I . 24 of the of This is an action for forfeiture Respondent property pursuant to the provisions 25 Health Code Sections 11470, et on behalf of the People of the State of and Safety seq. brought 26 California. mmmmmnm $191122 tNDH 27 II m-._21.-.-med-‘ 28 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a). l 11469. et seq.) Petition for Forfeiture of Property (Health and Safety Code. § 1 III 2 The Respondent property is described as U.S. Currency in the amounts of $35,894.23, 3 $14,298.43, and $155,946.03. 4 IV 5 U.S. Currency in the amount of $35,894.23 was seized by the California Highway Patrol 6 and the Alameda County Narcotics Task Force (ACNTF) on May 4, 2020 on SR-99 highway 7 north of West Main Street, Turlock, Stanislaus County, California. On May 11, 2020, 8 $14,298.43 U.S. Currency and $155,946.03 U.S. Currency was seized by search warrant from 9 Chase Bank and Wells Fargo Bank, respectively. The respondent property is currently located 10 in the custody of the Stanislaus County District Attorney's Office, within the jurisdiction of this 11 court. 12 V 13 Petitioner is informed and believes and thereon alleges that on or before May 4, 2020, 14 the Respondent property was furnished or intended to be furnished by a person in exchange for 15 a controlled substance, was proceeds traceable to an exchange for a controlled substance and/or 16 was used or intended to be used to facilitate one or more of certain enumerated drug trafficking 17 offenses, all of which are alleged to have occurred within five years of the seizure of the 18 property. The facts in support of the above allegations are as follows: 19 On May 4, 2020, Officer Fowles of the California Highway Patrol (CHP) was traveling 20 northbound on SR-99 south of Main Street in the #3 lane, in Stanislaus County. Officer Fowles 21 initiated a traffic stop on a white Freightliner towing a Maersk intermodal trailer at the right 22 shoulder of northbound SR-99 north of West Main Street in Turlock, California. The driver was 23 identified by his California driver's license as Francisco Javier Perez Aguirre. Mr. Perez- 24 Aguirre was the only person in the vehicle. Mr. Perez-Aguirre did not have the registration to 25 the vehicle but provided his insurance to prove the vehicle belonged to him. Mr. Perez-Aguirre 26 informed Officer Fowles he was corning from Fresno and heading to Ceres and then to deliver a 27 load to the Oakland Port the following day. Officer Fowles ordered Mr. Perez-Aguirre to exit 28 his vehicle. Mr. Perez-Aguirre stated he drives from Fresno to Oakland about three to four times 2 Petition for Forfeiture of Property (Health and Safety Code, § 1 I 469, et seq.) 1 a week. As a commercial driver, he is required to have a book log, however, Mr. Perez-Aguirre 2 did not have one. Officer Fowles requested assistance with the stop and Officer Salazar arrived 3 at the scene. 4 Officer Fowles issued a CHP 215, a notice to appear citation, to Mr. Perez-Aguirre. 5 Officer Fowles continued talking with Mr. Perez-Aguirre about his load. Mr. Perez-Aguirre 6 stated the trailer did not belong to him. Officer Fowles observed blue seal on the trailer doors. 7 Officer Fowles asked Mr. Perez-Aguirre if there were any illegal drugs or large amounts of 8 money inside his truck and Mr. Perez-Aguirre stated no. Dispatch was contacted to conduct a 9 record and registration check. The registration check determined Mr. Perez-Aguirre was the 10 owner of the vehicle. 11 Officer Fowles deployed his K-9 service dog, Pakito, to detect any illegal substances 12 from the vehicle or trailer.The K-9 sniffed along the vehicle and stopped along the passenger 13 door and would not move. At this time Pakito was returned to the patrol vehicle. Dispatch 14 advised that Mr. Perez-Aguirre's commercial license was not valid and had expired in 15 December of 2019. Officer Fowler cited Mr. Perez-Aguirre on the violations and requested 16 consent to search the vehicle. Mr. Perez-Aguirre gave consent and was provided with a CHP 17 202D Consent Search form. The form was read entirely and signed by Mr. Perez-Aguirre. Mr. 18 Perez-Aguirre stated everything in the vehicle belonged to him. 19 A search of the vehicle revealed a black plastic bag which contained three large zip lock 20 bags with large amounts of U.S. currency rubber-banded together. The total amount of currency 21 was $35,894.23 U.S. Another plastic bag contained a white crystal substance suspected to be 22 methamphetamine and a separate bag contained a white powdery substance suspected to be 23 cocaine. These bags were in the overhead storage compartment above the driver's seat. A 24 digital scale and small plastic baggy containing a white crystal substance were located behind 25 the driver's seat in a storage cabinet. There were small pieces of paper with amounts of 26 "15000", "12000", and "8000" written on them. Based on the findings, Mr. Perez-Aguirre was 27 placed under arrest and searched. In his wallet, there were four bank cards all under his name 28 and one under "Francisco Trucking" . The bank cards were Chase, Wells Fargo Platinum, and 3 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 two for Wells Fargo Business Platinum. 2 Officer Fowles was contacted by Detective C. Sanchez from the Alameda County 3 Narcotics Task Force (ACNTF) during the traffic stop . Detective Sanchez wanted to speak with 4 Mr. Perez-Aguirre to continue the investigation. Mr. Perez-Aguirre was transported to the 5 Modesto CHP office for further investigation. Detective Sanchez was contacted by Western 6 States Information Network Business (WSIN) database regarding an officer investigating the 7 subject, Mr. Perez-Aguirre. There was an invoice for the cargo that Mr. Perez-Aguirre was 8 transporting from Fresno. Detective Sanchez later arrived at the Modesto CHP office to conduct 9 an interview with Mr. Perez-Aguirre. Mr. Perez-Aguirre admitted that the methamphetamine, 10 cocaine, and U.S. currency belonged to him and that he was transporting the cargo to the 11 Oakland Port. The U.S. currency was collected by the Alameda County Narcotics Task Force. 12 Due to the Covid-19 pandemic, Mr. Perez-Aguirre was released from custody at the Modesto 13 CHP office after the interview. 14 A search warrant was later granted to seize the funds from the four bank accounts at 15 Chase and Wells Fargo. The search warrant included all financial records of a three-year period. 16 A check from the Chase account was received in the total of $14,298.43 and a check from the 17 Wells Fargo accounts was received in the amount of $155,946.03. Financial record of the Chase 18 account showed Mr. Perez-Aguirre had had a balance of $29,298.43, however, he had 19 withdrawn exactly $15,000.00 U.S. currency between April 23, 2020 and May 14, 2020. The 20 total amount seized from this investigation is $206,138.69 U.S. currency. 21 Based on the findings, it was believed that Mr. Perez-Aguirre transports and sell and 22 illegal narcotics. The large amount of currency is believed to be proceeds from narcotic sales. It 23 is believed that Mr. Perez-Aguirre uses his Freightliner vehicle to traffic narcotics throughout 24 California. Sergeant Hassna opined that individuals engaged in manufacturing, producing, and 25 trafficking of illegal narcotics often store the illicit proceeds in their residence, vehicles, and/or 26 financial institutions. 27 On September 15, 2020, at his arraignment, Francisco Javier Perez Aguirre was provided 28 with a notice of seizure, a property receipt, and a claim opposing form. 4 Petition for Forfeiture of Property (Health and Safety Code,§ 11469, et seq.) 1 VI 2 Francisco Javier Perez Aguirre is charged by criminal complaint with violations of 3 Health and Safety Code section 11351, Health and Safety Code section 11352(a), Health and 4 Safety Code section 11378, and Health and Safety Code section l 1379(a) in Stanislaus County 5 Superior Court Case No. CR-20-007153. This is the underlying criminal case upon which this 6 asset forfeiture action is based. 7 Vll 8 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section 9 11470 of the Health and Safety Code in that Respondent property was furnished or intended to 10 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable 11 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate 12 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have 13 occurred within five years of the seizure of the property. 14 WHEREFORE, Petitioner prays: 15 1. For judgment and order declaring respondent property forfeited to the State of 16 California and for disposition pursuant to Health and Safety Code section 11489; 17 2. For costs of suit herein; and 18 3. For such other and further relief as the Court may deem proper. 19 Dated this ___{'fjtJ_ day of November 2020, at Modesto, California. 20 Respectfully submitted, 21 22 D trictA;torn~ BIRGIT FLADAGER 23 ~ mton 24 Deputy District Attorney 25 26 27 28 5 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)