USA v. $77,968.08 In Funds

Filing 46

CONSENT JUDGMENT OF FORFEITURE by Judge Dale S. Fischer: $41,993.08 of the defendant bank funds, plus the interest earned by the United States of America on that sum since seizure, shall be returned to claimant. The remainder of the defendant ba nk funds (i.e., $35,975.00), plus the interest earned by the UnitedStates of America on that sum since seizure, shall be condemned andforfeited to the United States of America. The custodian of the defendant bank funds is ordered to dispose of the funds forfeited to the United States of America in accordance with law.( MD JS-6. Case Terminated ) (lc)

USA v. $77,968.08 In Funds

Doc. 46

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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 VICTOR A. RODGERS California Bar No. 101281 Assistant United States Attorney Asset Forfeiture Section Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. $77,968.08 IN FUNDS SEIZED FROM EAST WEST BANK ACCOUNT NUMBER 81302010, Defendant. CD VIDEO, INC., Claimant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 03-8390-DSF(RCx) CONSENT JUDGMENT OF FORFEITURE

On or about March 4, 2003, plaintiff United States of America ("the United States of America") filed a Complaint for Forfeiture alleging that the defendant $77,968.08 in Funds Seized From East West Bank Account Number 81302010 (the "defendant bank funds") are

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subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A) & (C) and 984. Claimant CD Video, Inc. ("claimant") filed a claim to the defendant bank funds and answered the complaint on or about April 23, 2003. No other parties have appeared in this case and the time

for filing claims and answers has expired. The United States of America and claimant have now agreed to settle this action and to avoid further litigation by entering into this Consent Judgment of Forfeiture. The Court having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. This Court has jurisdiction over the subject matter of

this action and the parties to this Consent Judgment of Forfeiture. 2. The Complaint for Forfeiture states a claim for relief

pursuant to 18 U.S.C. §§ 981(a)(1)(A) & (C) and 984. 3. Notice of this action has been given as required by law.

No appearances have been made in this case by any person other than claimant. The Court deems that all other potential claimants admit

the allegations of the Complaint for Forfeiture to be true. 4. $41,993.08 of the defendant bank funds, plus the interest

earned by the United States of America on that sum since seizure, shall be returned to claimant. The remainder of the defendant bank

funds (i.e., $35,975.00), plus the interest earned by the United States of America on that sum since seizure, shall be condemned and forfeited to the United States of America. /// 2 The custodian of the

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defendant bank funds is ordered to dispose of the funds forfeited to the United States of America in accordance with law. 5. The funds to be returned to claimant pursuant to

paragraph 4 shall be paid to claimant by electronic transfer directly into the account entitled "Eric Honig, Client Trust Account" within sixty (60) days of the entry of this Consent Judgment of Forfeiture. 6. Claimant hereby releases the United States of America,

its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers, employees and representatives of the U.S. Customs & Border Protection (and its predecessor the U.S. Customs Service), the U.S. Bureau of Immigration & Customs Enforcement (and its predecessors), the Department of Homeland Security and their respective agencies, as well as all agents, officers, employees and representatives of any state or local governmental or law enforcement agency involved in the investigation or prosecution of this matter, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorney fees, costs, and interest, which may be asserted by or on behalf of claimant related to the seizure of the defendant bank funds only. 7. The Court finds that there was reasonable cause for the

seizure of the defendant bank funds and institution of these proceedings. This judgment shall be construed as a certificate of

reasonable cause pursuant to 28 U.S.C. § 2465. /// /// /// 3

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8.

The Court further finds that claimant did not

substantially prevail in this action, and each of the parties hereto shall bear their own attorney fees and costs. 9. The Court shall maintain jurisdiction in this case for

the purpose of effectuating the terms of this Consent Judgment of Forfeiture. 11/17/10 __________________________________ THE HONORABLE DALE S. FISCHER UNITED STATES DISTRICT JUDGE

DATED:____________________

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 15, 2010

CONSENT The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of appeal. DATED: November 15, 2010 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 /s/ Victor A. Rodgers VICTOR A. RODGERS Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA LAW OFFICE OF ERIC HONIG /s/ Eric Honig ERIC HONIG Attorneys for Claimant CD Video, Inc.

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