UNITED STATES OF AMERICA v. One 2004 Ford F-150 Truck et al

Filing 24

CONSENT JUDGMENT AS TO THE FOLLOWING DEFENDANT ASSETS ONLY: ONE 2004 FORD F-150 TRUCK, VIN 1FTPW12524KD75457, ONE 2000 CHEVROLET SILVERADOTRUCK, VIN 2GCEC19V8Y1391173 AND ONE 2000 FORD MUSTANG, VIN 1FAFP404XYF144704. by Judge Florence-Marie Cooper in favor of UNITED STATES OF AMERICA against One 2004 Chevrolet Silverado Truck, One 2004 Ford F-150 Truck ( MD JS-6. Case Terminated ) (yl)

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THOMAS P. O'BRIEN United States Attorney CHRISTINE C. EWELL 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: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 2:08-cv-01009-FMC-MANx CONSENT JUDGMENT AS TO THE FOLLOWING DEFENDANT ASSETS ONLY: ONE 2004 FORD F-150 TRUCK, VIN 1FTPW12524KD75457, ONE 2000 CHEVROLET SILVERADO TRUCK, VIN 2GCEC19V8Y1391173 AND ONE 2000 FORD MUSTANG, VIN 1FAFP404XYF144704.

15 UNITED STATES OF AMERICA, 16 17 Plaintiff, v.

18 ONE 2004 FORD F-150 TRUCK, ONE 2000 CHEVROLET SILVERADO 19 TRUCK, AND ONE 2000 FORD MUSTANG, 20 Defendants. 21 FAUSTO NAVARRETE, DESERAY 22 NAVARRETE, AND DAVID GAME, 23 24 25 26 27 28 A. Claimants.

On or about February 14, 2008, plaintiff United States of

America ("the government" or "the United States of America") filed a Complaint for Forfeiture alleging that the defendants

1 ("defendant vehicles"), One 2004 F-150 Truck, VIN 2 1FTPW12524KD75457; One 2000 Chevrolet Silverado Truck, VIN 3 2GCEC19V8Y1391173 and One 2000 Ford Mustang, VIN 4 1FAFP404XYF144704,("Ford F-150" (or "F-150") or "Chevrolet 5 Silverado", or "Ford Mustang" or defendant vehicles") are subject 6 to forfeiture pursuant to 21 U.S.C. §§ 881 (a)(4) and (a)(6). On

7 or about April 2, 2008, claimant Fausto Navarrete filed a claim 8 to One 2004 F-150 Truck, VIN 1FTPW12524KD75457. On or about April 9 15, 2008, claimant Fausto Navarrete filed an answer. 10 B. On or about April 2, 2008, claimant Deseray Navarrete filed

11 a claim to One 2000 Ford Mustang, VIN 1FAFP404XYF144704. On or 12 about April 15, 2008, claimant Deseray Navarrete, filed an 13 answer. 14 C. On or about April 2, 2008, claimant David Game filed a claim

15 to One 2000 Chevrolet Truck Silverado, VIN 2GCEC19V8Y1391173 . On 16 or about April 15, 2008, claimant David Game, filed an answer. 17 D. The government and claimants Fausto Navarrete, Deseray

18 Navarrete and David Game, have now agreed to settle this matter 19 to avoid further litigation between them by entering into this 20 Consent Judgment. 21 E. The Court having been duly advised of and having considered

22 the matter, and based upon the mutual consent of the parties 23 hereto, 24 25 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. This Court has jurisdiction over the subject matter of

26 this action and over the parties to this Consent Judgment of 27 Forfeiture. 28 2

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2.

The Verified Complaint for Forfeiture states a claim

2 for relief pursuant to 21 U.S.C. §§ 881 (a)(4) and (a)(6). 3 4 law. 3. Notice of this action has been given as required by

The parties to this Agreement are unaware of any potential

5 claimants to the defendants other than Fausto Navarrete, Deseray 6 Navarrete and David Game. 7 expired. The time for filing claims has

The Court deems that all potential claimants admit the

8 allegations of the Verified Complaint for Forfeiture to be true. 9 4. The United States of America shall have judgment as to

10 One 2004 F-150 Truck, VIN 1FTPW12524KD75457. The return of 11 $2,895.29 from the proceeds of the sale of the One 2004 F-150 12 Truck, VIN 1FTPW12524KD75457 should be returned to Ford Credit. 13 Said funds shall be forwarded by check made payable to "Ford 14 Credit," and shall be mailed to Ford Credit, P.O. Box 790119, St 15 Louis, MO 63179-0119. 16 5. The United States of America shall return One 2000

17 Chevrolet Truck Silverado, VIN 2GCEC19V8Y1391173 to claimant 18 David Game and One 2000 Ford Mustang, VIN 1FAFP404XYF144704 to 19 claimant Deseray Navarrete in exchange for a waiver of attorney 20 fees. 21 6. Claimants Fausto Navarrete, Deseray Navarrete and David

22 Game, hereby release the United States of America, its agencies, 23 agents, officers, employees and representatives, including, 24 without limitation, all agents, officers, employees and 25 representatives of the Drug Enforcement Agency, and its 26 respective agencies, as well as all agents, officers, employees 27 and representatives of any state or local governmental or law 28 enforcement agency involved in the investigation or prosecution 3

1 of this matter, from any and all claims, actions, or liabilities 2 arising out of or related to this action, including, without 3 limitation, any claim for attorney fees, costs, and interest, 4 which may be asserted by or on behalf of claimants Fausto 5 Navarrete, Deseray Navarrete and David Game, whether pursuant to 6 28 U.S.C. § 2465 or otherwise. 7 7. The Court finds that there was reasonable cause for the

8 seizure of the defendant vehicles and institution of these 9 proceedings against the said defendants. This judgment shall be

10 construed as a certificate of reasonable cause pursuant to 28 11 U.S.C. § 2465. 12 // 13 // 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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8.

The Court further finds that claimants Fausto

2 Navarrete, Deseray Navarrete and David Game, did not 3 substantially prevail in this action, and each of the parties 4 hereto shall bear its own attorney fees and costs. 5 6 7 DATED: January 26, 2009 8 9 10 11 12 13 CONSENT The parties hereto consent to the above judgment and waive ___________________________________ THE HONORABLE FLORENCE MARIE COOPER UNITED STATES DISTRICT JUDGE

14 any right to appeal this judgment. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: January __, 2009 DATED: January __, 2009 THOMAS P. O'BRIEN United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section /s/ ________________________________ FRANK D. KORTUM Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA /s/ KRISTEN B. BROWN Attorney for Claimants Fausto Navarrete, Deseray Navarrete and David Game. 5