United States of America v. 3,481 Firearms and Assorted Ammunition

Filing 93

CONSENT JUDGMENT OF FORFEITURE by Judge Stephen V. Wilson Plaintiff and Claimants, the only remaining parties, have reached an agreement that is dispositive of the action. The parties have requested that the Court enter this Consent Judgment of Forfe iture. WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 1. This court has jurisdiction over the parties and the subject matter of this action. 2. Notice of this action has been given in accordance with law. All potential claimants to the defendants except Claimants are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient toestablish a basis for forfeiture. (SEE ATTACHED FOR FURTHER DETAILS) ( MD JS-6. Case Terminated ) (pj)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
California Bar No. 149883
Assistant United States Attorney
Chief, Asset Forfeiture Section
U.S. Courthouse, 14th Floor
312 N. Spring Street
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
JENNIFER SHASKY CALVERY
Chief
PAMELA J. HICKS
Senior Trial Attorney
KRISTEN M. WARDEN
Trial Attorney
Asset Forfeiture and Money Laundering Section
U.S. Department of Justice, Criminal Division
1400 New York Ave., NW,
Washington, DC 20530
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
United States of America

17
18

UNITED STATES DISTRICT COURT

19

FOR THE CENTRAL DISTRICT OF CALIFORNIA

20

WESTERN DIVISION

21

UNITED STATES OF AMERICA,

22

Plaintiff,

23

v.

24

3,481 FIREARMS AND ASSORTED
AMMUNITION,

25
Defendants.
26
27
28

MICHAEL ANTHONY VIRGILIO;
ELIZABETH ANN VIRGILIO;
RABENSAR, INC;

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

NO.

CV 07-3319 SVW (JTLx)

CONSENT JUDGMENT OF FORFEITURE

1

Claimants.

)
)

2
This action was initiated on May 21, 2007. (DN 1).

Timely

3
claims and a joint answer were filed by claimants Michael Anthony
4
Virgilio,1 Elizabeth Ann Virgilio and Rabensar, Inc.
5
(collectively, “Claimants”)

(DN 4-6, 14).

A First Amended

6
Complaint (“FAC”) was filed on February 7, 2011.

(DN 51).

7
Notice was given and published in accordance with law.

There are

8
no unresolved claims outstanding other than those of Claimants.
9
No other claims or answers were filed, and the time for filing
10
claims and answers has expired.

Plaintiff and Claimants, the

11
only remaining parties, have reached an agreement that is
12
dispositive of the action.

The parties have requested that the

13
Court enter this Consent Judgment of Forfeiture.
14
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
15
1.

This court has jurisdiction over the parties and the

16
subject matter of this action.
17
2.

Notice of this action has been given in accordance with

18
law.

All potential claimants to the defendants except Claimants

19
are deemed to have admitted the allegations of the Complaint.
20
The allegations set out in the Complaint are sufficient to
21
establish a basis for forfeiture.
22
3.

The defendant firearms listed below, representing the

23
personal firearms of claimants Michael Anthony and Elizabeth Ann
24
25
26
27

1

Michael Anthony Virgilio died on November 7, 2007. His
interests in this action are being pursued through the Estate of
Michael Anthony Virgilio and the Michael and Elizabeth Virgilio
Family Trust, which the parties agree are legal successors in
interest to Michael Anthony Virgilio for purposes of this action.

28
2

1

Virgilio, shall not be forfeited to the United States, but shall

2

be released to a designated Federal Firearms Licensee (“FFL”),

3

who shall take custody of the listed defendants from the

4

government and proceed to sell them.2

5

not be returned to any of the Claimants, directly or indirectly,

6

and Claimants shall not purchase or otherwise acquire any of the

7

listed firearms, either from the designated FFL or any other

8

person or entity.3

9

115-33, 135-55, 871, 873, 897, 980, 987-88, 992-93, 995, 1000,
1152, 1164-65, 1167, 1173, 1205, 1211, 1331, 1348-49, 1354, 1408,
1412-13, 1418-20, 1427-28, 1430, 1535, 1757, 1766, 1768, 1770,
1772-73, 1775, 1777, 1785-86, 1791, 1793, 1796, 1803-05, 1807,
1811, 1839-41, 1843, 1845, 1860-65, 1869, 1882, 1884, 1886, 219496, 2198-99, 2201, 2203, 2205, 2207-08, 2210, 2212-15, 2217,
2226-27, 2229, 2235-37, 2240, 2242-44, 2289-91, 2295-97, 2302,
2405, 2423, 2494, 2500, 2504, 2666-67, 2672-73, 2733, 2742, 2757,
2887, 2899, 2902, 2906, 2978-79, 2988, 2994, 3097, 3104, and
3109-10.4

10
11
12
13

The listed firearms shall

14
Proceeds from the sale of the above firearms shall be paid to
15
Cruz Saavedra and Elizabeth Ann Virgilio, Co-Trustees of the
16
Michael and Elizabeth Virgilio Family Trust.

All such sales

17
shall be conducted in accordance with all applicable laws.
18
19
20
21
22
23
24
25
26
27
28

2

Claimants shall, within 10 days of entry of this
Judgment, provide government counsel with the names and addresses
of three FFLs. The government will select one of those three as
the designated FFL.
3

The numbers in the list below correspond to the numbers
assigned to the defendant firearms in exhibits A to the First
Amended Complaint.
4

The government has determined that one of the defendant
firearms (134) was reported stolen by a third party prior to the
seizure. While none of the claimants is alleged to have been
involved in or to have known of the theft, it is the government’s
intent to return that firearm to the rightful owner. The firearm
will either be remitted to the party who reported it stolen or,
should it be determined that said person is not the proper party
to receive the firearm, to one of the claimants.
3

1

4.

The remainder of the defendant firearms and the entirety

2

of the defendant ammunition, representing the entire inventory of

3

Rabensar, Inc. (doing business as Boulevard Sales and Service in

4

Compton and Oak View, California), shall be forfeited to the

5

United States of America, and no other right, title or interest

6

shall exist therein.

7

and Explosives (“ATF”) is ordered to dispose of the forfeited

8

firearms and ammunition in accordance with law.

9

5.

The Bureau of Alcohol, Tobacco, Firearms

Claimants have released the United States of America,

10

its agencies, agents, and officers, including employees and

11

agents of the ATF, from any and all claims, actions or

12

liabilities arising out of or related to this action, including,

13

without limitation, any claim for attorneys’ fees, costs or

14

interest which may be asserted on behalf of the Claimants,

15

whether pursuant to 28 U.S.C. § 2465 or otherwise.

16

waives any right to appeal.

17

6.

Each party

The Court finds that there was reasonable cause for the

18

seizure of the defendants and institution of these proceedings.

19

This judgment shall be construed as a certificate of reasonable

20

cause pursuant to 28 U.S.C. § 2465.

21
22

7.

The Court retains jurisdiction over this case and the

parties hereto to effectuate the terms of this Consent Judgment.

23
DATED: May 3, 2012
24
25
26

THE HONORABLE STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE

27
28
4

1

Approved as to form and content:

2

DATED: May 1, 2012

3
4
5

ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
/s/
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

6
7

Attorneys for Plaintiff
United States of America

8
9

DATED: May 1, 2012

10
11

/s/
CRUZ SAAVEDRA
BRUCE COLODNY

12
Attorneys for Claimants
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5