United States of America v. $220,000.00 in U.S. Currency et al

Filing 71

CONSENT JUDGMENT OF FORFEITURE by Judge A. Howard Matz. IT IS ORDERED, ADJUDGED AND DECREED: The United States of America shall have judgment as to one 2008 Ford F-450, VIN: 1FTXW43R38ED97359, and one 1999 Porsche 911 Carrera, VIN: WPOAA299XXS621159, $220,00.00 in U.S. currency, and $205,180.00 in U.S. currency, with all interest earned by the government on the full amount of the defendant funds and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said assets in accordance with law. (See attached Consent Judgment for further information). (MD JS-6. Case Terminated.) (jp)

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

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
KATHARINE SCHONBACHLER
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 222875
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

Attorneys for Plaintiff
United States of America

14

UNITED STATES DISTRICT COURT

15

FOR THE CENTRAL DISTRICT OF CALIFORNIA

16

WESTERN DIVISION

17

UNITED STATES OF AMERICA,
18

Plaintiff,
19

vs.
20
21
22
23

$220,000.00 IN U.S. CURRENCY;
$205,180.00 IN U.S. CURRENCY;
ONE 2005 BMW 545i; ONE 2008
FORD F-450; ONE 2008
LAMBORGHINI GALLARDO; AND
ONE 1999 PORSCHE 911 CARRERA,

24

Defendants.
25
26
27
28

JEDIDIAH BUNCH, AMY L. RICKER
BUNCH, JOHN MUSSARI, AND
MANHEIM AUTOMOTIVE FINANCIAL
SERVICES, INC.,
Claimants.

) NO. CV 09-02548 AHM (CWx)
)
) CONSENT JUDGMENT OF FORFEITURE
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
1

1

This action was filed on April 13, 2009 against the

2

defendants $220,000.00 in U.S. currency, $205,180.00 in U.S.

3

currency, one 2005 BMW 545i, one 2008 Ford F-450, one 2008

4

Lamborghini Gallardo, and one 1999 Porsche 911 Carrera

5

(collectively referred to as “defendants”).

6

and published in accordance with law.

7

Bunch”) and Amy L. Ricker Bunch (“A. Bunch”) claim an interest

8

in the defendant one 2005 BMW 545i.

9

claims an interest in the defendant one 2008 Lamborghini

Notice was given

Jedidiah Bunch (“J.

John Mussari (“Mussari”)

10

Gallardo.

11

(“Manheim”) claims an interest in all of the defendants.

12

other parties have appeared in this case and the time for filing

13

statements of interest and answers has expired.

14

United States of America and all claimants have reached an

15

agreement that is dispositive of the action.

16

request that the Court enter this Consent Judgment of

17

Forfeiture.

18

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

19
20
21

1.

Manheim Automotive Financial Services, Inc.
No

Plaintiff

The parties hereby

This Court has jurisdiction over the parties and the

subject matter of this action.
2.

Notice of this action has been given in accordance

22

with law.

23

in U.S. currency, $205,180.00 in U.S. currency, one 2005 BMW

24

545i, one 2008 Ford F-450, one 2008 Lamborghini Gallardo, and

25

one 1999 Porsche 911 Carrera other than J. Bunch, A. Bunch,

26

Mussari, and Manheim are deemed to have admitted the allegations

27

of the Complaint.

28

sufficient to establish a basis for forfeiture.

All potential claimants to the defendants $220,000.00

The allegations set out in the Complaint are

2

1

3.

The United States of America shall have judgment as to

2

one 2008 Ford F-450, Vehicle Identification Number (“VIN”):

3

1FTXW43R38ED97359, and one 1999 Porsche 911 Carrera, VIN:

4

WPOAA299XXS621159, $220,000.00 in U.S. currency, and $205,180.00

5

in U.S. currency, with all interest earned by the government on

6

the full amount of the defendant funds and no other person or

7

entity shall have any right, title or interest therein.

8

United States Marshals Service is ordered to dispose of said

9

assets in accordance with law.

10

4.

The

A. Bunch shall have judgment as to the defendant one

11

2005 BMW 545i, VIN: WBANB33555CN65484.

12

returned to A. Bunch by making it available for pick-up by A.

13

Bunch within sixty (60) days after this Consent Judgment of

14

forfeiture is entered by the Court.

15

in care of her attorney Richard M. Barnett at the Law Offices of

16

Richard M. Barnett, 105 West F Street, 4th Floor, San Diego,

17

California 92101, Telephone number: 619-231-1182.

18

shall not be responsible for the payment of storage fees or

19

other costs associated with the United States of America’s

20

seizure and storage of the vehicle.

21

to pick-up this vehicle within sixty (60) days after the

22

government makes the vehicle available for pick-up by A. Bunch,

23

then the defendant one 2005 BMW 545I, VIN: WBANB33555CN65484

24

shall be condemned and forfeited to the United States of

25

America, which shall dispose of the vehicle in accordance with

26

law.

27
28

5.

The vehicle shall be

A. Bunch may be contacted

A. Bunch

However, if A. Bunch fails

Manheim shall have judgment as to the defendant one

2008 Lamborghini Gallardo, VIN: ZHWGU22T28LA07428.
3

The vehicle

1

shall be returned to Manheim by making it available for pick-up

2

by Manheim within sixty (60) days after this Consent Judgment of

3

Forfeiture is entered by the Court.

4

care of its attorney Jame P. Mascaro, Esq. at the Law Office of

5

Jame P. Mascaro, 3419 E. Chapman Avenue, #492, Orange,

6

California 92869, Telephone number 714-997-0700.

7

not be responsible for the payment of storage fees or other

8

costs associated with the United States of America’s seizure and

9

storage of the vehicle.

Manheim may be contacted in

Manheim shall

However, if Manheim fails to pick-up

10

this vehicle within sixty (60) days after the government makes

11

the vehicle available for pick-up by Manheim, then the defendant

12

one 2008 Lamborghini Gallardo, VIN: ZHWGU22T28LA07428 shall be

13

condemned and forfeited to the United States of America, which

14

shall dispose of the vehicle in accordance with law.

15

6.

J. Bunch, A. Bunch, Mussari, and Manheim hereby

16

release the United States of America, its agencies, agents, and

17

officers, including employees, officers and agents of the Drug

18

Enforcement Administration, as well as all agents, officers,

19

employees and representatives of any state or local government

20

or law enforcement agency involved in the investigation or

21

prosecution of this matter, from any and all claims, actions or

22

liabilities arising out of or related to the seizure of the

23

defendants or the prosecution of this action, including, without

24

limitation, any claim for attorney’s fees, costs or interest

25

which may be asserted on behalf of J. Bunch, A. Bunch, Mussari,

26

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

27
28

7.

The court finds that there was reasonable cause for

the seizure of the defendants and institution of these
4

1

proceedings and the parties hereto shall bear their own

2

attorney’s fees and costs.

3

Court shall retain jurisdiction to enforce the terms of the

4

settlement.

5

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

The parties expressly agree that the

This judgment shall be construed as a certificate

6
7

Dated: August 25, 2011

8
9
10

cc:

_
THE HONORABLE A. HOWARD MATZ
UNITED STATES DISTRICT JUDGE

USMO

JS-6

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5