United States of America v. 30,191.00 in U S Currency
Filing
21
CONSENT JUDGMENT OF FORFEITURE by Judge Gary A. Feess ( MD JS-6. Case Terminated ) (bp)
JS-6
1
2
3
4
5
6
7
8
9
10
11
12
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
KATHARINE SCHONBACHLER
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 222875
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-3172
Facsimile: (213) 894-7177
E-mail: Katie.Schonbachler@usdoj.gov
Attorneys for Plaintiff
United States of America
13
UNITED STATES DISTRICT COURT
14
FOR THE CENTRAL DISTRICT OF CALIFORNIA
15
WESTERN DIVISION
16
17
UNITED STATES OF AMERICA,
18
19
Plaintiff,
vs.
20
21
22
$30,191.00 IN U.S. CURRENCY,
Defendant.
23
) NO. CV 11-6074 GAF (FMOx)
)
)
)
) CONSENT JUDGMENT OF FORFEITURE
)
)
)
)
)
)
)
)
24
25
This action was filed on July 22, 2011 against defendant
26
$30,191.00 in U.S. currency.
Notice was given and published in
27
accordance with law.
28
interest in the defendant $30,191.00 in U.S. currency
Guillermo Rafael Cesse (“Cesse”) claims an
1
1
(hereinafter “defendant currency”), and has filed a claim and
2
answer.
3
such claims and answers has expired.
4
America and Cesse have reached an agreement that is dispositive
5
of the action.
6
this Consent Judgment of Forfeiture.
7
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1.
8
9
No other parties have appeared and the time for filing
Plaintiff United States of
The parties hereby request that the Court enter
This Court has jurisdiction over the parties and the
subject matter of this action.
2.
10
Notice of this action has been given in accordance with
11
law.
12
currency other than Cesse are deemed to have admitted the
13
allegations of the Complaint.
14
Complaint are sufficient to establish a basis for forfeiture.
15
All potential claimants to the defendant $30,191.00 in U.S.
3.
The allegations set out in the
$30,191.00, without interest, shall be returned to
16
Cesse by either check or wire transfer.
17
elects to make the payment by check, the check will be payable to
18
“Guillermo Rafael Cesse,” and mailed to him at his address in
19
Kearny, New Jersey 07032.
20
the payment by wire transfer, the funds will be wire transferred
21
to Guillermo Rafael Cesse.
22
information needed to process the return of these funds according
23
to federal law.
24
4.
If the United States
If the United States elects to make
Cesse shall provide any and all
Cesse hereby releases the United States of America, its
25
agencies, agents, and officers, including employees, officers and
26
agents of the Federal Bureau of Investigation, as well as all
27
agents, officers, employees and representatives of any state or
28
local government or law enforcement agency involved in the
2
1
investigation or prosecution of this matter, from any and all
2
claims, actions or liabilities arising out of or related to the
3
seizure of the defendant currency or the prosecution of this
4
action, including, without limitation, any claim for attorney’s
5
fees, costs or interest which may be asserted on behalf of Cesse,
6
whether pursuant to 28 U.S.C. § 2465 or otherwise.
7
5.
The court finds that there was reasonable cause for the
8
seizure of the defendant currency and institution of these
9
proceedings.
10
This judgment shall be construed as a certificate
of reasonable cause pursuant to 28 U.S.C. § 2465.
11
12
Dated: May 10, 2012
13
_
THE HONORABLE GARY A. FEESS
UNITED STATES DISTRICT JUDGE
14
Approved as to form and content:
15
16
DATED: May 9, 2012
17
18
19
20
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
21
/s/
KATHARINE SCHONBACHLER
Assistant United States Attorney
Attorneys for Plaintiff
United States of America
22
23
24
25
26
27
DATED: May 9, 2012
/s/
GUILLERMO RAFAEL CESSE, Pro Se
Claimant
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?