United States of America v. Assorted Firearms, Motorcycles and Other Personal Property

Filing 458

CONSENT JUDGMENT of Forfeiture as to Claimant Richard Gutierrez only by Judge David O. Carter. (See Judgment for details) (db)

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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
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

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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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UNITED STATES OF AMERICA,
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)
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Plaintiff,
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v.
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ASSORTED FIREARMS,
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MOTORCYCLES AND OTHER
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PERSONAL PROPERTY,
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Defendants. )
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RICARDO GUTIERREZ,
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)
Claimant.
)
____________________________)

NO.

CV 09-1887 DOC

CONSENT JUDGMENT OF
FORFEITURE AS TO CLAIMANT
RICARDO GUTIERREZ ONLY
[NOTE: THIS ORDER RESOLVES
THE CLAIMS OF ONE CLAIMANT,
BUT IS NOT DISPOSITIVE OF
THE CASE]

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Plaintiff and Claimant Ricardo Gutierrez (“Claimant”) have

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made a stipulated request for the entry of this Consent Judgment,

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resolving the claim of Claimant in this action in its entirety.

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Claimant filed a timely claim to the defendant $21,260.00 in U.S.

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Currency (09-ATF-000090).

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Claimant did not file claims to any of the other defendant

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assets, and no other claimants have filed claims to the defendant

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currency listed above.

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has expired.

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the defendant currency.

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The time for filing claims and answers

No other person is believed to have any claim to

The Court, having considered the stipulation of the parties,

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and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND

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DECREES:

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The government has given and published notice of this

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action as required by law, including Supplemental Rule G for

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Admiralty or Maritime Claims and Asset Forfeiture Actions,

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Federal Rules of Civil Procedure, and the Local Rules of this

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Court.

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forfeiture of the defendant currency other than Claimant, and the

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time for filing claims and answers has expired.

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jurisdiction over the parties to this judgment and the defendant

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currency described herein.

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defendant currency described herein other than Claimant are

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deemed to have admitted the allegations of the first amended

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complaint with respect to the defendant currency.

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2.

No claims or answers have been filed to contest the

This Court has

Any potential claimants to the

$10,630.00 of the defendant U.S. Currency (09-ATF-

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000090), without interest, shall be returned to Claimant through

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his counsel.

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defendant $10,630.00 to claimant not later than 30 days after (a)

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the court enters this Consent Judgment and (b) Claimant provides

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to the government the bank routing and personal identifiers

The United States Marshals Service shall return the

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2

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needed to effect a wire transfer of the funds, whichever is

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later.
3.

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The government shall have judgment against the interests

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of Claimant (and any potential claimants) as to the remaining

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$10,630.00 of the defendant U.S. currency (09-ATF-000090), which

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asset is hereby forfeited and condemned to the United States, and

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no other right, title or interest shall exist therein.

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government shall dispose of the forfeited asset according to law.
4.

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The

Claimant has agreed to release the United States of

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America, its agencies, agents, and officers, including employees

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and agents of the Bureau of Alcohol, Tobacco, Firearms &

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Explosives (“ATF”), from any and all claims, actions or

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liabilities arising out of or related to the seizure and

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retention of the defendant currency and/or the commencement of

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this civil forfeiture action, including, without limitation, any

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claim for attorneys’ fees, costs or interest which may be

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asserted on behalf of Claimant against the United States, whether

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pursuant to 28 U.S.C. § 2465 or otherwise.
5.

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The court finds that there was reasonable cause for the

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seizure of the defendant currency and the institution of this

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action as to the defendant currency.

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certificate of reasonable cause pursuant to 28 U.S.C. § 2465 as

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to the defendant currency.

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///

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///

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///

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This judgment constitutes a

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6.

Each of the parties shall bear its own fees and costs in

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connection with the seizure, retention and return of the

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defendant currency.

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DATED: July 31, 2012

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________________________________________
THE HONORABLE DAVID O. CARTER
UNITED STATES DISTRICT JUDGE

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Prepared by:

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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division

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/s/ Steven R. Welk
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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