United States of America v. One 2003 BMW 745i
Filing
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AMENDED CONSENT JUDGMENT by Judge R. Gary Klausner in favor of United States of America against $20,000.00 in U S Currency, $3,014.00 in U S Currency, Assorted Mens Jewelry, One 2003 BMW 745i, One 2003 Hummer H2 SUV, One 2003 Mercedes S55 A MG, One 2004 Lincoln Navigator. The United States of America shall have judgment as to $18,014.00 of the defendant currency and all other defendants, together with all interest earned by the government on $18,014.00 of the defendant currenc y, and n o other person or entity shall have any right, title or interest therein. To the extent said funds have not already been returned to Claimant pursuant to the consent judgment of forfeiture entered August 5, 2011, $5,000.00 of the defend ant currency, together with all interest earned by the government on that amount since seizure, shall be paid to Claimant not later than forty-five (45) days from the date of the entry of this judgment by a Treasury check delivered to Claimant at the federal facility where he is housed. Said payment shall be subject to applicable federal law.. (shb)
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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
JENNIFER M. RESNIK
Assistant United States Attorney
Asset Forfeiture Section
(Cal. State Bar # 233634)
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-6595
Facsimile: (213) 894-7177
E-mail: jennifer.resnik@usdoj.gov
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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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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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ONE 2003 MERCEDES S55 AMG,
its tools and appurtenances;
ONE 2003 BMW 745i, its tools
and appurtenances; ONE 2003
HUMMER H2 SUV, its tools and
appurtenances; ONE 2004
LINCOLN NAVIGATOR, its tools
and appurtenances; ASSORTED
MEN’S JEWELRY; $20,000.00 IN
U.S. CURRENCY; and $3,104.00
IN U.S. CURRENCY,
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Defendants.
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RICHARD GASTELUM,
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Claimant.
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CV 06-6029-RGK(AJWx)
AMENDED CONSENT JUDGMENT OF
FORFEITURE
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This action was filed on September 21, 2006. Notice was
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given and published in accordance with law.
Claimant Richard
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Gastelum (“claimant”) filed the only claim and the civil case was
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stayed pending completion of the related criminal case.
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United States v. Richard Gastelum, et al., CR 06-00283(A)-RGK-1.
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The stay of this case was lifted on November 18, 2010.
See
On
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January 28, 2011, Default by Clerk was entered against the
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interests of Michelle Campbell, Emma Ramirez, Octavio Lopez,
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Patricia Leon and Diane Schell as to all of the defendant assets.
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No other statements of interest or answers have been filed, and
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the time for filing such statements of interest and answers has
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expired.
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is dispositive of the action.
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the Court enter this Consent Judgment of Forfeiture.
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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
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Plaintiff and claimant have reached an agreement that
A.
The parties hereby request that
This Court has jurisdiction over this action
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pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties
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hereto.
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B.
The Complaint for Forfeiture states a claim for
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relief pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. §
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981(a)(1)(C).
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C.
Notice of this action has been given in accordance
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with law.
All potential claimants to defendant 2003 Mercedes S55
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AMG, its tools and appurtenances, registered in the name of
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Patricia Leon; defendant 2003 BMW 745i, its tools and
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appurtenances, registered in the name of Emma Ramirez; defendant
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2003 Hummer H2 SUV, its tools and appurtenances, registered in
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claimant’s name; defendant 2004 Lincoln Navigator, its tools and
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appurtenances, registered in the name of Diane Schell; defendant
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Assorted Men’s Jewelry; defendant $20,000.00 in U.S. currency;
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and defendant $3,104.00 in U.S. currency (collectively,
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“defendants”) other than claimant are deemed to have admitted the
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allegations of the Complaint.
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Complaint are sufficient to establish a basis for forfeiture.
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D.
The allegations set out in the
The United States of America shall have judgment
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as to $18,104.00 of the defendant currency and all other
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defendants, together with all interest earned by the government
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on $18,104.00 of the defendant currency, and no other person or
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entity shall have any right, title or interest therein.
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E.
To the extent said funds have not already been
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returned to Claimant pursuant to the consent judgment of
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forfeiture entered August 5, 2011, $5,000.00 of the defendant
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currency, together with all interest earned by the government on
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that amount since seizure, shall be paid to Claimant not later
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than forty-five (45) days from the date of the entry of this
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judgment by a Treasury check delivered to Claimant at the federal
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facility where he is housed.
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applicable federal law.
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F.
Said payment shall be subject to
Claimant hereby releases the United States of
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America, its agencies, agents, and officers, including employees
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and agents of the United States Drug Enforcement Agency, from any
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and all claims, actions or liabilities arising out of or related
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to this action, including, without limitation, any claim for
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attorney’s fees, costs or interest which may be asserted on
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behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or
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otherwise.
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//
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G.
The court finds that there was reasonable cause
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for the seizure of the defendants and institution of these
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proceedings.
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of reasonable cause pursuant to 28 U.S.C. § 2465.
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Dated:September 1, 2011
This judgment shall be construed as a certificate
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________________________________
THE HONORABLE R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE
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Approved as to form and content:
Dated: August
, 2011
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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
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________________________________
JENNIFER M. RESNIK
Assistant United States Attorney
Asset Forfeiture Section
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Attorneys for Plaintiff
United States of America
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DATED: August ___, 2011
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SEAN K. KENNEDY
Federal Public Defender
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CALLIE GLANTON STEELE
Deputy Federal Public Defender
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Attorneys for Claimant
Richard Gastelum
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