United States of America v. Duncan, No. 2:2020cv01763 - Document 3 (W.D. Wash. 2020)

Court Description: CONSENT DECREE AND FINAL JUDGMENT. Within five (5) days after entry of this Consent Decree, the Defendant is ordered to submit to Postal Inspector Amy Kerkof a written acknowledgement of receipt of this Consent Decree sworn under penalty of perjury. Signed by Judge Ricardo S. Martinez. (PM) cc: Defendant @ 620 Comstock St, Apt 213, Seattle, WA 98109 via USPS

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United States of America v. Duncan Doc. 3 Case 2:20-cv-01763-RSM Document 3 Filed 12/09/20 Page 1 of 4 1 The Honorable Ricardo S. Martinez 2 3 4 5 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 UNITED STATES OF AMERICA, Plaintiff, 9 10 NO. 2:20-cv-1763-RSM CONSENT DECREE AND FINAL JUDGMENT v. ED DUNCAN 11 Defendant. 12 13 14 CONSENT DECREE AND FINAL JUDGMENT Plaintiff, United States of America (“Plaintiff”), commenced the above-captioned action in 15 this Court with a complaint pursuant to 18 U.S.C. § 1345, alleging that Defendant, Ed Duncan, is 16 committing or about to commit a banking law violation as defined in 18 U.S.C. § 3322(d), 17 including international money laundering in violation of 18 U.S.C. § 1956(a)(2)(B). 18 Plaintiff and Defendant, pro se, wish to resolve Plaintiff’s allegations without litigation and 19 jointly request and consent to the entry of this Consent Decree and Final Judgment (“Consent 20 Decree”) without Defendant’s admission of liability or wrongdoing. Defendant agrees to waive 21 service of the Summons and the Complaint. 22 23 CONSENT DECREE AND FINAL JUDGMENT - 1 No. 2:20-cv-1763-RSM UNITED STATES ATTORNEY 700 STEWART ST., SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970 Dockets.Justia.com Case 2:20-cv-01763-RSM Document 3 Filed 12/09/20 Page 2 of 4 1 Defendant has entered into this Consent Decree freely and without coercion. Defendant 2 further acknowledges that he has read the provisions of this Consent Decree, understands them, 3 and is prepared to abide by them. 4 5 IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows: 1. This Court has jurisdiction over this matter and the parties pursuant to 6 18 U.S.C. § 1345 and 28 U.S.C. §§ 1331 and 1345. Venue is proper in this District under 7 28 U.S.C. § 1391(b) and (c). 8 2. Defendant neither admits nor denies the allegations in the Complaint. Only for 9 purposes of this action, Defendant admits the facts necessary to establish jurisdiction. 10 3. For purposes of this Consent Decree: 11 a. “Defendant” means Ed Duncan. 12 b. “Person” means an individual, a corporation, a partnership, or any other c. “Funds” include any currency, check, money order, stored value card, 13 14 15 16 entity. stored value card numbers, bank wire transmission, or other monetary value. d. “Money transmitting business” refers to a person who, for a fee, receives 17 funds from one person for the purpose of transmitting the funds, or providing access to the 18 funds, to another person. 19 e. “Fee” refers to a payment or compensation of any kind regardless of how 20 the payment or compensation is labeled, including but not limited to processing fees, 21 service fees, expediting fees, purchase fees, nominal fees, symbolic payments, gifts and 22 gratuities. 23 CONSENT DECREE AND FINAL JUDGMENT - 2 No. 2:20-cv-1763-RSM UNITED STATES ATTORNEY 700 STEWART ST., SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970 Case 2:20-cv-01763-RSM Document 3 Filed 12/09/20 Page 3 of 4 1 4. Upon entry of this Decree, Defendant is permanently prohibited and enjoined 2 from, directly or indirectly, assisting, facilitating, or participating in any money transmitting 3 business. 4 5. Within five (5) days after entry of this Consent Decree, the Defendant is ordered 5 to submit to Postal Inspector Amy Kerkof a written acknowledgement of receipt of this Consent 6 Decree sworn under penalty of perjury. The statement shall be addressed to: 7 U.S. Postal Inspector Amy Kerkof U.S. Postal Inspection Service P.O. Box 400 Seattle, WA 98111 206-442-6132 (desk) 8 9 6. 10 The Consent Decree shall not be modified except in writing by Plaintiff and the 11 Defendant and approved by the Court. 12 7. This Consent Decree shall constitute a final judgment and order in this action. 13 8. This Court retains jurisdiction of this action for the purpose of enforcing or 14 modifying this Consent Decree and for the purpose of granting such additional relief as may be 15 necessary or appropriate. 16 DONE AND ORDERED in Chambers at Seattle, Washington, this 9th day of December, 17 18 2020. 19 20 21 22 23 CONSENT DECREE AND FINAL JUDGMENT - 3 No. 2:20-cv-1763-RSM UNITED STATES ATTORNEY 700 STEWART ST., SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970 Case 2:20-cv-01763-RSM Document 3 Filed 12/09/20 Page 4 of 4 1 APPROVED AND ENTERED BY THIS COURT 2 Dated this 9th day of December, 2020. 3 4 A 5 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 6 7 We hereby consent to the entry of the foregoing Decree: 8 9 FOR DEFENDANT ED DUNCAN 10 11 12 13 FOR PLAINTIFF THE UNITED STATES OF AMERICA 14 15 BRIAN MORAN United States Attorney 16 17 Dated: November 30, 2020 18 19 20 21 By: s/ Nickolas Bohl NICKOLAS BOHL, WA #48978 Assistant United States Attorney United States Attorney’s Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: 206-553-7970 Fax: 206-553-4067 Email: nickolas.bohl@usdoj.gov 22 23 CONSENT DECREE AND FINAL JUDGMENT - 4 No. 2:20-cv-1763-RSM UNITED STATES ATTORNEY 700 STEWART ST., SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970

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