United States of America v. $45,400.00 In U S Currency

Filing 9

CONSENT JUDGMENT by Judge Manuel L. Real 8 . ( MD JS-6. Case Terminated ) (pj)

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1 2 3 4 5 6 7 8 9 10 11 12 13 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 FRANK D. KORTUM Assistant United States Attorney Asset Forfeiture Section California Bar No. 110984 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-5710 Facsimile: (213) 894-7177 E-mail: Frank.Kortum@usdoj.gov JS-6 Attorneys for Plaintiff United States of America 14 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 15 16 17 UNITED STATES OF AMERICA, 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, vs. $45,400.00 IN U.S. CURRENCY, Defendant. BRANDON LEVESTER MONTGOMERY Claimant. ) No.: CV 13-00406-R(Ex) ) ) ) CONSENT JUDGMENT ) ) ) ) ) ) ) ) ) ) ) 1 This civil forfeiture action was commenced on January 18, 2 2013 following the seizure of the defendant currency on July 30, 3 2012 at Los Angeles International Airport from the possession, 4 custody or control of Brandon Levester Montgomery, who filed a 5 claim in federal administrative forfeiture proceedings on 6 September 27, 2012. 7 according to law. 8 matter, and time for filing claims and answers has expired. 9 Notice has been given in this action No claims or answers were filed in this Plaintiff and Montgomery have made a Stipulated request for 10 the entry of this consent judgment of forfeiture resolving all 11 claims concerning the defendant currency (Asset ID Nos. 12-DEA- 12 568979 and 12-DEA-568977). 13 The Court has been duly advised of and has considered the 14 matter. 15 good cause appearing therefor, the Court hereby ORDERS, ADJUDGES 16 AND DECREES that $33,200.00 of the defendant currency (Asset ID 17 Nos. 12-DEA-568979 and 12-DEA-568977) and all interest earned on 18 the entirety of the defendant currency since seizure, is hereby 19 forfeited to the United States, and no other right, title or 20 interest shall exist therein. 21 defendant currency, $12,200.00 without interest, shall be 22 returned to Montgomery through his counsel. 23 provide his social security or taxpayer identification number to 24 the government upon request, as well as wire transfer 25 information needed to make the payment electronically. 26 Based upon the mutual consent of the parties and The remaining portion of the Montgomery shall The Court finds that there was reasonable cause for the 27 seizure of the defendant asset and the institution of this 28 action. This consent judgment shall be construed as a 2 1 certificate of reasonable cause pursuant to 28 U.S.C. § 2465. 2 Each of the parties shall bear its own fees and costs in 3 connection with the seizure, retention and return of the 4 defendant asset. 5 6 DATED: August 26, 2013 7 UNITED STATES DISTRICT JUDGE 8 Presented by: 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 10 11 12 13 14 15 16 17 18 /s/ Frank D. Kortum FRANK D. KORTUM Assistant United States Attorney Attorney for Plaintiff UNITED STATES OF AMERICA 19 20 21 22 23 24 25 26 27 28 3

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