United States of America v. $521,151.15 In Bank Account Funds et al, No. 2:2008cv03398 - Document 35 (C.D. Cal. 2010)

Court Description: CONSENT JUDGMENT FORFEITING INTERESTS OF MARVIN A. LAZAR IN THE DEFENDANT ASSETS by Judge John F. Walter: The Court having reviewed the Stipulation 32 . IT IS HEREBY ORDERED AS FOLLOWS: (See attached Consent Judgment for further information). This C ourt has jurisdiction over the subject matter of the present action and over the parties to the accompanying stipulation. The Complaint states a claim for relief against the defendant funds. All right, title, and interest of Marvin A. Lazar in the &# 036;146,164.00 to which he has filed a claim is hereby condemned and forfeited to the United States of America. The United States Marshals Service shall dispose of such $146,164.00 portion of the defendant $156,164.00 in United States Curre ncy in accordance with law and in consultation with the seizing agency. Each party shall bear its own costs of litigation and attorney's fees. Each party waives its right to appeal. The Court retains jurisdiction over this case and the parties h ereto to effectuate the terms of the parties' Stipulation and this Consent Judgment. There being no just reason for delay, the clerk is directed to enter this Order pursuant to Rule 54(b) of the FRCP, which constitutes a final judgment as to the interests of Marvin A. Lazar and all other potential claimants in $146,164.00 of the defendant $156,164.00 in United States Currency. (jp)

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United States of America v. $521,151.15 In Bank Account Funds et al 1 2 3 4 5 6 7 8 9 Doc. 35 GEORGE S. CARDONA Acting United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section MONICA E. TAIT Assistant United States Attorney Asset Forfeiture Section California Bar No. 157311 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213)894-2931 Facsimile: (213)894-7177 E-Mail: Monica.Tait@usdoj.gov 10 11 Attorneys for Plaintiff United States of America 12 UNITED STATES DISTRICT COURT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 17 18 19 20 21 22 23 24 25 ) ) ) Plaintiff, ) ) v. ) ) $521,151.15 IN BANK ACCOUNT FUNDS AND $156,164.00 IN UNITED) ) STATES CURRENCY, ) ) Defendants. _______________________________) YESHIVA IMREI JOSEF, MACHNE SVA) ) ROTZOHN, CENTRAL RABBINICAL SEMINARY, MARVIN A. LAZAR, AND ) ) YOSEF NACHUM NAIMAN, ) ) Claimants. _______________________________) UNITED STATES OF AMERICA, NO. CV 08-3398 JFW (FMOx) CONSENT JUDGMENT FORFEITING INTERESTS OF MARVIN A. LAZAR IN THE DEFENDANT ASSETS The Court having reviewed the stipulation of plaintiff 26 United States of America and Claimant Marvin A. Lazar, IT IS 27 HEREBY ORDERED AS FOLLOWS: 28 1. On May 22, 2008, plaintiff United States of America Dockets.Justia.com 1 commenced this judicial forfeiture action by filing a Complaint 2 alleging that the defendants $521,151.15 in Bank Account Funds 3 and $156,164.00 in United States Currency (collectively, 4 “defendant funds”) are forfeitable to the United States pursuant 5 to 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C), and 984. 6 Imrei Josef, Machne Sva Rotzohn, and Central Rabbinical Seminary 7 (“the SPINKA entities”) have claimed to have interests in the 8 defendant $521,151.15 in Bank Account Funds. 9 filed a claim to $146,164.00 of the defendant $156,164.00 in Yeshiva Marvin A. Lazar has 10 United States Currency and Yosef Nachum Naiman has filed a claim 11 to the remaining $10,000.00 of that defendant. 12 2. Plaintiff has notified other potential claimants of this 13 action pursuant to Supplemental Rule G for Admiralty or Maritime 14 Claims and Asset Forfeiture Actions, Federal Rules of Civil 15 Procedure. 16 published three times (on June 26, July 3, and July 10, 2008) in 17 accordance with Supplemental Rule G(4)(a)(iv)(C). 18 claimants identified in paragraph 1 above, no claims or answers 19 have been filed to contest the forfeiture of the defendant funds, 20 and the time for filing claims and answers has expired. 21 potential claimants to the defendants other than Yeshiva Imrei 22 Josef, Machne Sva Rotzohn, Central Rabbinical Seminary, Marvin A. 23 Lazar, and Yosef Nachum Naiman are deemed to have admitted the 24 allegations of the complaint. 25 3. Notice of forfeiture of the defendant funds was Apart from the All It is the intent of the United States and claimant 26 Lazar to resolve all of their competing claims to the defendant 27 funds by their accompanying Stipulation and this Order. 28 Stipulation and this Order are part of a package of agreements 2 The 1 entered into in the matter United States v. Naftali Tzi Weisz, et 2 al., 06-775 JFW, including binding plea agreements entered into 3 pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C). 4 the criminal case, the court has agreed to be bound by the plea 5 agreements. 6 4. In This Court has jurisdiction over the subject matter of 7 the present action and over the parties to the accompanying 8 stipulation. 9 5. 10 11 The Complaint states a claim for relief against the defendant funds. 6. All right, title, and interest of Marvin A. Lazar in 12 the $146,164.00 to which he has filed a claim is hereby condemned 13 and forfeited to the United States of America. 14 Marshals Service shall dispose of such $146,164.00 portion of the 15 defendant $156,164.00 in United States Currency in accordance 16 with law and in consultation with the seizing agency. 17 7. The United States Except as to such rights and obligations created by 18 their Stipulation, Lazar has agreed to release and hold harmless 19 the United States, and any agents, servants, and employees of the 20 United States (or any state or local law enforcement agency), 21 including without limitation the Federal Bureau of Investigation 22 and the Internal Revenue Service, acting in their individual or 23 official capacities, from all claims, actions or proceedings, 24 including, but not limited to, any claim for attorney’s fees 25 and/or costs, or interest, which may hereafter be asserted or 26 brought by him or on his behalf which are related to or arise out 27 of the present action. 28 8. All of the signatories to the stipulation 3 shall 1 execute all documentation necessary to carry out their 2 stipulation and this Consent Judgment. 3 own costs of litigation and attorney’s fees. 4 its right to appeal. 5 constitutes a certificate of reasonable cause pursuant to 28 6 U.S.C. § 2465(a)(2). 7 9. Each party shall bear its Each party waives The Court’s entry of this Consent Judgment The Court retains jurisdiction over this case and the 8 parties hereto to effectuate the terms of the parties’ 9 Stipulation and this Consent Judgment. There being no just 10 reason for delay, the clerk is directed to enter this Order 11 pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, 12 which constitutes a final judgment as to the interests of Marvin 13 A. Lazar and all other potential claimants in $146,164.00 of the 14 defendant $156,164.00 in United States Currency. 15 16 IT IS SO ORDERED. DATED: January 21, 2010___ The Honorable John F. Walter UNITED STATES DISTRICT JUDGE 17 18 cc: Fiscal, USM 19 20 21 22 23 24 25 26 27 28 4

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