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)

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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

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