United States of America v. $83,749.00 In U.S. Currency et al

Filing 45

CONSENT JUDGMENT by Judge Dale S. Fischer. (vdr)

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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]

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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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Plaintiff,
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v.
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$83,749.00 IN U.S. CURRENCY,
$73,935.00 IN U.S. CURRENCY,
$19,475.00 IN U.S. CURRENCY,
$15,147.00 IN U.S. CURRENCY,
$8,160.00 IN U.S. CURRENCY
AND NINE (9) PIECES OF
MISCELLANEOUS JEWELRY,

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Defendants.
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SERGIO ORTEGA, SR., SOCORRO
ORTEGA, SERGIO ORTEGA, JR.,
YOLANDA ORTEGA, HECTOR
ORTEGA, RENEE BETH EARLE AND
OCTAVIO RAYA ORTEGA,
Claimants.

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No. CV 09-2612-DSF(VBKx)

CONSENT JUDGMENT OF FORFEITURE
BETWEEN PLAINTIFF UNITED STATES
OF AMERICA AND CLAIMANTS RENEE
BETH EARLE AND OCTAVIO RAYA
ORTEGA WITH RESPECT TO THE
DEFENDANT ASSETS CLAIMED BY
CLAIMANTS RENEE BETH EARLE AND
OCTAVIO RAYA ORTEGA IN THIS
CIVIL FORFEITURE PROCEEDING
[This Proposed Consent Judgment
Is Not Dispositive Of This
Entire Action]

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On or about April 30, 2009, plaintiff United States of America

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(“the United States of America”) filed a First Amended Complaint

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for Forfeiture alleging that the defendants are subject to

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forfeiture pursuant to 21 U.S.C. § 881(a)(6).

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in the First Amended Complaint are:

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(1)

The defendants named

$83,749.00 in U.S. Currency seized on or about November

13, 2007 from an Antioch, California residence;
(2)

$73,935.00 in U.S. Currency seized on or about November

16, 2007 from a vehicle being driven near Main Street and Neroly
Road in Oakley, California;
(3)

$19,475.00 in U.S. Currency seized on or about December

1, 2008 at Broken Wheel Bar, 5620 Main Street, Oakley, California);
(4)

$15,147.00 in U.S. Currency seized on or about April 2,

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2008 from a vehicle being driven near Highway 24 and Pleasant Hill

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Road in Lafayette, California;

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(5)

$8,160.00 in U.S. Currency seized on or about December 1,

2008 from a Brentwood, California residence; and
(6)

Nine (9) pieces of miscellaneous jewelry (the “Renee Beth

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Earle/Octavio Raya Ortega claimed defendant jewelry”) seized on or

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about December 1, 2008 from a Brentwood, California residence.

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Claimant Sergio Ortega, Jr. filed a claim to defendant

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$73,935.00 in U.S. Currency on or about June 3, 2009; claimants

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Sergio Ortega, Sr. and Socorro Ortega filed claims to defendant

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$19,475.00 in U.S. Currency on or about June 3, 2009; and claimants

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Hector Raya Ortega and Yolanda Ortega filed claims to defendant

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$83,749.00 in U.S. Currency on or about June 11, 2009.

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Claimants Sergio Ortega, Jr., Sergio Ortega, Sr. and Socorro
Ortega answered the First Amended Complaint on or about June 11,
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2009; and claimants Hector Raya Ortega and Yolanda Ortega answered

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the First Amended Complaint on or about July 27, 2009.

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Claimant Renee Beth Earle filed a claim to $3,760.00 out of

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the defendant $8,160.00 in U.S. Currency and the defendant Renee

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Beth Earle/Octavio Raya Ortega claimed defendant jewelry on or

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about June 24, 2009.

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defendant $15,147.00 in U.S. Currency, $4,400.00 out of the

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defendant $8,160.00 in U.S. Currency and the Renee Beth

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Earle/Octavio Raya Ortega claimed defendant jewelry on or about

Claimant Octavio Raya Ortega filed a claim to

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July 6, 2009.

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Earle/Octavio Raya Ortega claimed defendant jewelry claimed by

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claimant Renee Beth Earle, and the $15,147.00, $4,400.00 and Renee

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Beth Earle/Octavio Raya Ortega claimed defendant jewelry claimed by

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claimant Octavio Raya Ortega are referred to collectively as the

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“Renee Beth Earle/Octavio Raya Ortega claimed defendants.”

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addition, the defendants $15,147.00 in U.S. Currency and $8,160.00

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in U.S. Currency are referred to collectively as the “Renee Beth

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Earle/Octavio Raya Ortega claimed defendant currency.”

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The $3,760.00 and the defendant Renee Beth

In

No other parties have appeared in this case and the time for

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filing claims and answers has expired.

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Beth Earle and Octavio Raya Ortega, no other parties have filed a

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claim to the Renee Beth Earle/Octavio Raya Ortega claimed

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defendants.

Other than claimants Renee

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The United States of America, on the one hand, and claimants

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Renee Beth Earle and Octavio Raya Ortega, on the other hand, have

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now agreed to settle this action relative to the disputes between

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them with respect to the Renee Beth Earle/Octavio Raya Ortega

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/ / /
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claimed defendants, and to avoid further litigation by entering

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into this Consent Judgment of Forfeiture.

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The Court having been duly advised of and having considered

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the matter, and based upon the mutual consent of the parties

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hereto,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

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1.

As between the United States of America, on the one hand,

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and claimants Renee Beth Earle and Octavio Raya Ortega, on the

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other hand, this Court has jurisdiction over the subject matter of

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this action and the parties to this Consent Judgment of Forfeiture

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with respect to the Renee Beth Earle/Octavio Raya Ortega claimed

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defendants.

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2.

As between the United States of America, on the one hand,

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and claimants Renee Beth Earle and Octavio Raya Ortega, on the

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other hand, the First Amended Complaint for Forfeiture states a

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claim for relief pursuant to 21 U.S.C. § 881(a)(6) with respect to

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the Renee Beth Earle/Octavio Raya Ortega claimed defendants.

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3.

Notice of this action has been given as required by law.

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No appearances have been made in this case by any person with

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respect to the Renee Beth Earle/Octavio Raya Ortega claimed

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defendants other than by claimants Renee Beth Earle and Octavio

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Raya Ortega.

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admit the allegations of the First Amended Complaint for Forfeiture

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to be true with respect to the Renee Beth Earle/Octavio Raya Ortega

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claimed defendants.

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4.

The Court deems that all other potential claimants

The Renee Beth Earle/Octavio Raya Ortega claimed

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defendant currency (including all interest earned by the United

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States of America on the defendant Renee Beth Earle/Octavio Raya
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Ortega claimed defendant currency) and claimant Renee Beth Earle’s

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interest in the Renee Beth Earle/Octavio Raya Ortega claimed

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defendant jewelry are hereby condemned and forfeited to the United

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States of America, which shall dispose of those defendants in

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accordance with law.

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5.

The Renee Beth Earle/Octavio Raya Ortega claimed

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defendant jewelry shall be returned to claimant Octavio Raya Ortega

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by making the jewelry items available for pick up by claimant

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Octavio Raya Ortega within sixty (60) days after this Consent

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Judgment of Forfeiture is filed.

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be contacted care of his attorney, James Bustamante, Esq., Law

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Offices of James Bustamante, 809 Montgomery Street, 2nd Floor, San

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Francisco, CA 94133, Telephone Number [phone], Facsimile

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Number [phone].

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6.

Claimant Octavio Raya Ortega may

Claimants Renee Beth Earle and Octavio Raya Ortega, and

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each of them, hereby release the United States of America, its

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agencies, agents, officers, employees and representatives,

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including, without limitation, all agents, officers, employees and

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representatives of the Drug Enforcement Administration, the Federal

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Bureau of Investigation and the Department of Justice and their

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respective agencies, as well as all agents, officers, employees and

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representatives of any state or local governmental or law

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enforcement agency involved in the investigation or prosecution of

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this matter, from any and all claims, actions, or liabilities

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arising out of or related to this action, including, without

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limitation, any claim for attorney fees, costs, and interest, which

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may be asserted by or on behalf of claimants Renee Beth Earle and

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Octavio Raya Ortega, or either of them.
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As between the United States of America, on the one hand,

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and claimants Renee Beth Earle and Octavio Raya Ortega, on the

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other hand, the Court finds that there was reasonable cause for the

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seizure of the Renee Beth Earle/Octavio Raya Ortega claimed

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defendants and institution of these proceedings against those

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defendants.

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reasonable cause pursuant to 28 U.S.C. § 2465 as between the United

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States of America, on the one hand, and claimants Renee Beth Earle

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and Octavio Raya Ortega, on the other hand, with respect to the

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This judgment shall be construed as a certificate of

Renee Beth Earle/Octavio Raya Ortega claimed defendants.
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The Court further finds that claimants Renee Beth Earle

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and Octavio Raya Ortega did not substantially prevail in this

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action, and each of the parties hereto shall bear their own

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attorney fees and costs.

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11/17/11
DATED:____________________
__________________________________
THE HONORABLE DALE S. FISCHER
UNITED STATES DISTRICT JUDGE

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CONSENT
The parties hereto consent to the above Consent Judgment of

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Forfeiture and waive any right of appeal of this Consent Judgment

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of Forfeiture.

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DATED: November 17, 2011

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

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/s/ Victor A. Rodgers
VICTOR A. RODGERS
Assistant United States Attorney

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Attorneys for Plaintiff
UNITED STATES OF AMERICA

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DATED: October 27, 2011

ZENIA K. GILG LAW OFFICES

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/s/ Zenia K. Gilg
ZENIA K. GILG

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Attorneys for Claimant
RENEE BETH EARLE

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DATED: November 10, 2011

JAMES A. BUSTAMANTE LAW OFFICES

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/s/ James A. Bustamante
JAMES A. BUSTAMANTE

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Attorneys for Claimant
OCTAVIA RAYA ORTEGA

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