United States of America v. 702,039.14 in Bank Account Funds et al
Filing
25
CONSENT JUDGMENT by Judge Stephen V. Wilson in favor of United States of America against 702,039.14 in Bank Account Funds, One 1999 41 Foot Maxum Yacht, One 2000 Rolls Royce Seraph, One 2001 Lamborghini Diablo, One 2003 Mercedes Benz SL500, One 2004 Mercedes Benz E320, Helen Ngoc Buch Luong, Hoang Luong, Phu Tan Luong Related to: Notice of Settlement 24 . ( MD JS-6. Case Terminated ) (shb)
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THOMAS P. O'BRIEN United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section FRANK D. KORTUM Assistant United States Attorney Asset Forfeiture Section California Bar No. 110984 United States Attorney's Office U. S. Courthouse, Suite 8000 411 West Fourth Street Santa Ana, California 92701 Telephone: (714) 338-3591 Facsimile: (714) 338-3561 E-Mail: Frank.Kortum@usdoj.gov Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) Plaintiff, ) ) v. ) ) $702,036.14 IN BANK ACCOUNT ) FUNDS, et al., ) ) ) Defendants. ) ) PHU TAN LUONG, HOANG LUONG, and) HELENE NGOC BUCH LUONG, ) ) Claimants. ) _______________________________) UNITED STATES OF AMERICA, // // NO. CV 05-3640-SVW (CTx)
CONSENT JUDGMENT [NOTICE OF LODGING LODGED CONCURRENTLY HEREWITH]
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On May 16, 2005, plaintiff United States of America ("plaintiff" or the "government") filed a Complaint for Forfeiture against the defendant properties as follows: $702,036.14 in bank
account funds (the "defendant funds"); one 2004 Mercedes Benz E320 (the "2004 Mercedes"); one 2003 Mercedes Benz SL500 (the "2003 Mercedes"); one 2001 Lamborghini Diablo (the "2001 Lamborghini"); one 2000 Rolls Royce Seraph (the "2000 Rolls Royce"); and one 1999 41-foot Maxum Yacht (the "1999 Yacht") (collectively the "defendant properties"). The government alleged that the
defendant properties were subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A) and (C). Claimants Phu Tan Luong, Hoang Luong, and Helen Ngoc Buch Luong (collectively "claimants") filed Statements of Interest on June 2, 2005. No other claims, statements of interest, or answers
have been filed, and the time for filing claims, statements, and answers has expired. The government and claimants have agreed to settle this forfeiture action and to avoid further litigation. The Court having been duly advised of and having considered the matter, and based upon the consent of plaintiff and claimants, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. This Court has jurisdiction over this action pursuant to
28 U.S.C. §§ 1345 and 1355. 2. The Complaint for Forfeiture states a claim for relief
pursuant to 18 U.S.C. § 981(a)(1)(A) and (C). 3. Notice of this action has been given as required by law.
Claimants filed the only statement of interests or claims. Claimants are relieved of their duty to file answers in this -2-
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action.
The Court deems that all other potential claimants admit
the allegations of the Complaint for Forfeiture to be true. 4. Claimants agree to forfeiture as set out below. A
judgment of forfeiture is hereby entered in favor of the United States, which shall dispose of the following defendant properties in accordance with the law: (A) The defendant funds plus all accrued interest are
hereby forfeited to the United States of America, and no other right, title, or interest shall exist therein. (B) The 2004 Mercedes is hereby forfeited to the United
States of America, and no other right, title, or interest shall exist therein. (C) The 2003 Mercedes is hereby forfeited to the United
States of America, and no other right, title, or interest shall exist therein. (D) The 2001 Lamborghini is hereby forfeited to the
United States of America, and no other right, tittle, or interest shall exist therein. (E) The 2000 Rolls Royce is hereby forfeited to the
United States of America, and no other right, title, or interest shall exist therein. (F) The 1999 Yacht is hereby forfeited to the United shall
States of America, and not other right, title, or interest exist therein. 5.
Claimants will execute further documents, to the extent
necessary, to convey clear title to the defendant properties and to further implement the terms of this Consent Judgment. // -3-
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6.
Claimants waive the redacting and sealing requirements
of L.R. 79-5.4. 7. Claimants hereby release the United States of America,
its agencies, officers, and employees, including employees of the Federal Bureau of Investigation, and local law enforcement agencies, their agents, officers, and employees, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorneys' fees, costs, or interest on behalf of claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise. 8. The Court finds that there was reasonable cause for the
institution of these proceedings against the defendant real properties. This judgment shall be construed as a certificate of
reasonable cause pursuant to 28 U.S.C. § 2465. 10. The Court further finds that claimants did not
substantially prevail in this action, and the parties shall bear their own attorneys' fees and other costs of litigation. DATED: November 4, 2008 ____________________________ STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE
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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 DATED: September ___, 2008 DATED: September ___, 2008 DATED: September ___, 2008 DATED: September ___, 2008
CONSENT The government and claimants consent to judgment and waive any right to appeal. DATED: September ___, 2008 THOMAS P. O'BRIEN United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section
FRANK D. KORTUM Assistant United States Attorney Attorneys for Plaintiff United States of America STANLEY I. GREENBERG A Law Corporation ________________________________ STANLEY I. GREENBERG Attorney for Claimants Phu Tan Luong and Hoang Luong
_________________________________ PHU TAN LUONG, Claimant
_________________________________ ALEXANDER LUONG Power of Attorney for Claimant Hoang Luong
_________________________________ HELEN NGOC BUCH LUONG, Claimant -5-
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