United States of America v. $26,916.00 In U S Currency
Filing
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CONSENT JUDGMENT OF FORFEITURE by Judge Dean D. Pregerson. The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND DECREES: $10,000.00 of the defendant U.S. Currency, withoutint erest, shall be returned to Claimant. The government shall have judgment against the interests of Claimant (and any potential claimants) as to the remaining $16,916.00 of the defendant U.S. currency. Each of the parties shall bear its own fees and costs. The Motion to Strike 15 ) is vacated. ( MD JS-6. Case Terminated ) (mg)
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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
JONATHAN GALATZAN
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 190414
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-2727
Facsimile: (213) 894-7177
E-mail: Jonathan.Galatzan@usdoj.gov
JS-6
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
WESTERN DIVISION
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UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
$26,916.00 IN U.S. CURRENCY,
Defendant.
TIMOTHY BAKER,
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Claimant.
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) NO. CV 12-08426 DDP (JCx)
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) CONSENT JUDGMENT OF FORFEITURE
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cc: FISCAL
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Plaintiff and Claimant Timothy Baker (“Claimant”) have made
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a stipulated request for the entry of this Consent Judgment,
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resolving this action in its entirety.
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was seized from Claimant, and he asserts an interest in the
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defendant currency and has filed a claim in this case and
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answered the complaint.
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and the time for filing claims and answers has expired.
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other person is believed to have any claim to the defendant
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currency.
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The defendant currency
No other claims or answers were filed,
No
The Court, having considered the stipulation of the
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parties, and good cause appearing therefor, HEREBY ORDERS
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ADJUDGES AND DECREES:
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1.
The government has given and published notice of this
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action as required by law, including Rule G of the Supplemental
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Rules for Admiralty or Maritime Claims and Asset Forfeiture
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Actions, Federal Rules of Civil Procedure, and the Local Rules
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of this Court.
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claims or answers have been filed to contest the forfeiture of
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the defendant currency, and the time for filing claims and
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answers has expired.
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parties to this judgment and the defendant currency.
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potential claimants to the defendant currency other than
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Claimant are deemed to have admitted the allegations of the
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complaint with respect to the defendant currency.
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2.
Other than those filed by Timothy Baker, no
This Court has jurisdiction over the
Any
$10,000.00 of the defendant U.S. Currency, without
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interest, shall be returned to Claimant through his counsel.
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The United States Marshals Service shall return the defendant
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$10,000.00 to claimant not later than 45 days after (a) the
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court enters this Consent Judgment and (b) Claimant provides to
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the government the bank routing and personal identifiers needed
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to effect a wire transfer of the funds, whichever is later.
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The government shall have judgment against the
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interests of Claimant (and any potential claimants) as to the
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remaining $16,916.00 of the defendant U.S. currency, which asset
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is hereby forfeited and condemned to the United States, and no
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other right, title or interest shall exist therein.
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government shall dispose of the forfeited asset according to
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The
law.
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Claimant has agreed to 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 Federal Bureau of Investigation (“FBI”), as
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well as all agents, officers, employees and representatives of
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any state or local government or law enforcement agency involved
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in the investigation or prosecution of this matter, from any and
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all claims, actions or liabilities arising out of or related to
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the seizure and retention of the defendant currency and/or the
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commencement of this civil forfeiture action, including, without
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limitation, any claim for attorneys’ fees, costs or interest
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which may be asserted on behalf of Claimant against the United
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States, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5.
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The court finds that there was reasonable cause for the
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seizure of the defendant currency and the institution of this
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action as to the defendant currency.
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a certificate of reasonable cause pursuant to 28 U.S.C. § 2465
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as to the defendant currency.
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This judgment constitutes
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Each of the parties shall bear its own fees and costs
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in connection with the seizure, retention and return of the
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defendant currency.
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7.
The Motion to Strike (docket number 15) is vacated.
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DATED: August 14, 2013
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________________________________________
THE HONORABLE DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE
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Prepared by:
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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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/s/ Jonathan Galatzan
JONATHAN GALATZAN
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Assistant United States Attorney
Asset Forfeiture Section
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