United States of America v. 25,000.00 In U S Currency

Filing 7

CONSENT JUDGMENT OF FORFEITURE by Judge Percy Anderson in favor of United States of America against 25,000.00 In U S Currency Related to: Notice of Lodging 6 . (se)

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1 2 3 4 5 6 7 8 9 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 10 11 Attorneys for Plaintiff United States of America 12 13 UNITED STATES DISTRICT COURT 14 FOR THE CENTRAL DISTRICT OF CALIFORNIA 15 WESTERN DIVISION 16 17 18 19 20 21 22 23 24 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) $25,000.00 IN U.S. CURRENCY,) ) Defendant. ) ) ) ADRIAN GARCIA DE ALBA, ) ) Claimant. ) ) NO. CV 11-05534 VBF(SHx) CONSENT JUDGMENT OF FORFEITURE This action was filed on July 5, 2011. Notice was given and 25 published in accordance with law. No statements of interest or 26 answers have been filed, and the time for filing such statements 27 and answers has expired. 28 Garcia De Alba (“claimant”), from whom the $25,000.00 in U.S. Plaintiff and potential claimant Adrian 1 currency (“defendant currency”) was seized and who filed an 2 administrative claim thereto, have reached an agreement that is 3 dispositive of the action. 4 Court enter this Consent Judgment of Forfeiture. The parties hereby request that the 5 WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 6 1. subject matter of this action. 7 8 This Court has jurisdiction over the parties and the 2. Notice of this action has been given in accordance with law. 9 All potential claimants to the defendant currency 10 other than claimant are deemed to have admitted the 11 allegations of the Complaint. The allegations set out in 12 the Complaint are sufficient to establish a basis for 13 forfeiture. 14 3. The United States of America shall have judgment as to 15 the entirety of the defendant currency, plus all interest 16 earned by the government on the full amount of the 17 defendant currency, and no other person or entity shall 18 have any right, title or interest therein. 19 States Marshals Service is ordered to dispose of said 20 assets in accordance with law. 21 4. The United Claimant hereby releases the United States of America, 22 its agencies, agents, and officers, including employees 23 and agents of the Drug Enforcement Administration, from 24 any and all claims, actions or liabilities arising out of 25 or related to this action, including, without limitation, 26 any claim for attorney’s fees, costs or interest which 27 may be asserted on behalf of the claimant, whether 28 2 1 2 pursuant to 28 U.S.C. § 2465 or otherwise. 5. The court finds that there was reasonable cause for the 3 seizure of the defendant currency and institution of 4 these proceedings. 5 a certificate of reasonable cause pursuant to 28 U.S.C. 6 § 2465. 7 6. This judgment shall be construed as The Court retains jurisdiction over this case and the 8 parties hereto to effectuate the terms of this Consent 9 Judgment. 10 11 Dated: September 15, 2011 12 13 14 THE HONORABLE PERCY ANDERSON UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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