United States of America v. 131,132.00 in US Currency
Filing
63
CONSENT JUDGMENT OF FORFETIURE by Judge Audrey B. Collins in favor of United States of America against 131,132.00 in US Currency, Scott Feil: WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 1. This Court has jurisdiction over the parties and the subj ect matter of this action. 2. Notice of this action has been given in accordance with law. All potential claimants to the defendant currency other than claimant are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture. 3. The United States of America shall have judgment as to the entirety of the defendant currency, plus all interest earned by the government on the full amount of the defendant currenc y, and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said assets in accordance with law. 4. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Administration, 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 which may be asserted on behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise. 5. The court finds that there was reasonable cause for the seizure of the defendant currency and institution of these proceedings. Th is judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. 6. The Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this Consent Judgment. (MD JS-6. Case Terminated) (bm)
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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
P. GREG PARHAM
California Bar No. 140310
Assistant United States Attorney
Asset Forfeiture Section
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-6528
Facsimile: (213) 894-7177
E-mail: Greg.Parham@usdoj.gov
JS-6
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Attorneys for Plaintiff
United States of America
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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$131,132.00 IN U.S.
CURRENCY,
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Defendant.
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SCOTT FEIL,
Claimant.
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NO.
CV 06-1623 ABC(CTx)
[PROPOSED]
CONSENT JUDGMENT OF
FORFEITURE
This action was filed on March 16, 2006.1
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and
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(“claimant”) filed a verified claim on April 12, 2006 and an answer
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on April 21, 2006. No other statements of interest or answers have
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been filed, and the time for filing such statements of interest and
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answers
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$131,132.00 in U.S. currency (“defendant currency”) was seized,
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have reached an agreement that is dispositive of the action.
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parties hereby request that the Court enter this Consent Judgment
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published
has
in
accordance
expired.
with
Plaintiff
law.
Notice was given
and
Claimant
claimant,
Scott
from
whom
Feil
the
The
of Forfeiture.
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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
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1.
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This Court has jurisdiction over the parties and the
subject matter of this action.
2.
Notice of this action has been given in accordance with
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law.
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other than claimant are deemed to have admitted the
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allegations of the Complaint. The allegations set out in
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the Complaint are sufficient to establish a basis for
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forfeiture.
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3.
All potential claimants to the defendant currency
The United States of America shall have judgment as to
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the entirety of the defendant currency, plus all interest
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earned by the government on the full amount of the
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This civil forfeiture case has been stayed since
September 10, 2007, pending the resolution of a criminal case
involving claimant Scott Feil, entitled United States v. Scott
Eric Feil, et al., CR No. 09-00863 JSW, filed in the Northern
District of California. On or about September 1, 2011, claimant
entered into a plea agreement with the government in the criminal
case. As part of his plea agreement, claimant agreed to forfeit
the defendant currency named in this action.
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defendant currency, and no other person or entity shall
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have any right, title or interest therein.
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States Marshals Service is ordered to dispose of said
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assets in accordance with law.
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4.
The United
Claimant hereby releases the United States of America,
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its agencies, agents, and officers, including employees
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and agents of the Drug Enforcement Administration, from
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any and all claims, actions or liabilities arising out of
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or related to this action, including, without limitation,
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any claim for attorney’s fees, costs or interest which
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may be asserted on behalf of the claimant, whether
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pursuant to 28 U.S.C. § 2465 or otherwise.
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5.
The court finds that there was reasonable cause for the
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seizure of the defendant currency and institution of
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these proceedings.
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a certificate of reasonable cause pursuant to 28 U.S.C.
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§ 2465.
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6.
This judgment shall be construed as
The Court retains jurisdiction over this case and the
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parties hereto to effectuate the terms of this Consent
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Judgment.
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Dated: Sept. 14, 2011
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_____________________________
THE HONORABLE AUDREY B. COLLINS
UNITED STATES DISTRICT JUDGE
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[Signatures of counsel appear on the next page.]
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Approved as to form and content:
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Dated:
, 2011
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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
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___________________
P. GREG PARHAM
Assistant United States Attorney
Asset Forfeiture Section
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Attorneys for Plaintiff
United States of America
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Dated:
, 2011
_____________________
PAUL L. GABBERT
Attorney for Claimant
SCOTT FEIL
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