United States of America v. Real Property Located In Newport Coast, California
Filing
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CONSENT JUDGMENT by Judge S. James Otero. Judgment is hereby entered in this matter in favor of the United States of America in the amount of $170,000.00, which represents the value of the forfeited interest in the defendant property. The de fendant property is forfeited and condemned to the United States to the extent of the interest specified in this paragraph. The United States Marshals Service shall dispose of the forfeited interest in the defendant property in accordance with law. Claimants may satisfy the judgment entered herein by delivering $170,000.00 to the United States of America by no later than the close of business on the 60th calendar day after entry of this Judgment by the Court (the "Liquidation Payment"). If the judgment is timely satisfied in accordance with this paragraph, the United States of America agrees to release the lis pendens on the defendant property. SEE DOCUMENT FOR DETAILS. ( MD JS-6. Case Terminated ) (cch)
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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
California Bar No. 233634
Federal Courthouse, 14th Floor
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
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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REAL PROPERTY LOCATED IN
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NEWPORT COAST, CALIFORNIA,
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Defendant.
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NAZZAR AL BUSSAM AND NAZHAT AL )
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BUSSAM,
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Claimants.
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No. CV-10-8205 SJO (AJWx)
CONSENT JUDGMENT OF FORFEITURE
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RECITALS
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1.
This action was filed on October 29, 2010.
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Notice was given and published in accordance with law.
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Claimants Nazzar Al Bussam and Nazhat Al Bussam
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("Claimants") filed claims to the defendant Real Property Located
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in Newport Coast, California with assessor parcel number 461-301-
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78 (the “defendant property”).
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defendant property is attached as Exhibit "A."
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statements of interest or answers have been filed, and the time
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for filing such statements of interest and answers has expired.
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Plaintiff and Claimants have reached an agreement that is
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dispositive of the action.
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The legal description of the
No other
The parties hereby request that the
Court enter this Consent Judgment of Forfeiture.
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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
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A.
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 18 U.S.C. § 981(a)(1)(A), 21 U.S.C. §
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881(a)(6) and 31 U.S.C. § 5317(c)(2).
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C.
Notice of this action has been given in accordance
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with law.
All potential claimants to the defendant property
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other than Claimants are deemed to have admitted the allegations
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of the Complaint.
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sufficient to establish a basis for forfeiture.
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sought a stay of this matter pursuant to 18 U.S.C. § 981(g), but
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now jointly file this request that the court enter this consent
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judgment of forfeiture.
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D.
The allegations set out in the Complaint are
The parties had
Judgment is hereby entered in this matter in favor
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of the United States of America in the amount of $170,000.00,
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which represents the value of the forfeited interest in the
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defendant property.
The defendant property is forfeited and
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condemned to the United States to the extent of the interest
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specified in this paragraph.
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shall dispose of the forfeited interest in the defendant property
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in accordance with law.
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E.
The United States Marshals Service
Claimants agree to take whatever steps are
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necessary to pass to the United States of America clear title to
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the defendant property including, without limitation, the
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completion of any legal documents required for the transfer of
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title to the United States of America.
F.
Claimants may satisfy the judgment entered herein
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by delivering $170,000.00 to the United States of America by no
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later than the close of business on the 60th calendar day after
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entry of this Judgment by the Court (the "Liquidation Payment").
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If the judgment is timely satisfied in accordance with this
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paragraph, the United States of America agrees to release the lis
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pendens on the defendant property.
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a.
The Liquidation Payment shall be paid in the
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form of a cashiers check payable to "United States Marshals
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Service" and shall be delivered to the Chief, Asset Forfeiture
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Section, United States Attorney's Office, 312 N. Spring Street,
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14th Floor, Los Angeles, California 90012.
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G.
If the judgment is not timely satisfied in
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accordance with paragraph F, the United States Marshals Service
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(“USMS”) is hereby authorized to remove any occupants and/or
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personal property remaining on the defendant property.
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defendant property shall be sold for fair market value by the
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United States of America and its agents, including the USMS and
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The
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its authorized agents and contractors, to allow the United States
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of America to liquidate the interest forfeited to it pursuant to
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this judgment.
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to sell and transfer valid title to the defendant property in its
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entirety in connection such sale, without the need to obtain the
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participation, signature(s), or consent(s) of claimants to any
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aspect of the sale and/or title transfer.
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shall be applied as follows, to the extent proceeds are
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available:
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The United States of America has the full power
a.
The proceeds of sale
First, to the costs incurred by USMS in
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taking possession of and selling the
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defendant property;
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b.
Second, to the Orange County Assessor and Tax
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Collector for payment of unpaid real property
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taxes assessed against the defendant real
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property to the date of sale;
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c.
Third, to the extent funds remain, payment to
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any secured lienholders, whose security
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interests were recorded prior to recording of
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the United States of America’s lis pendens in
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this action;
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d.
Fourth, to the extent funds remain, payment
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of $170,000.00 to the United States of
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America; and
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e.
H.
Fifth, to Claimants.
Claimants hereby release 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 Administration,
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from any and all claims, actions or liabilities arising out of or
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related to this action, including, without limitation, any claim
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for attorney's fees, costs or interest which may be asserted on
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behalf of Claimants, whether pursuant to 28 U.S.C. § 2465 or
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otherwise.
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I.
The court finds that there was reasonable cause
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for the institution of these proceedings.
This judgment shall be
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construed as a certificate of reasonable cause pursuant to 28
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U.S.C. § 2465.
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Dated: August 29, 2013
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______________________________
THE HONORABLE S. JAMES OTERO
UNITED STATES DISTRICT JUDGE
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Approved as to form and content:
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Dated: August ___, 2013
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
DATED: August___, 2013
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_______________________________
NAZZAR AL BUSSAM
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DATED: August___, 2013
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NAZHAT AL BUSSAM
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DATED: August___, 2013
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KENNETH WHITE
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Attorney for Claimants
Dr. Nazar Al Bussam and Nazhat Al
Bussam
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