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

Filing 51

CONSENT JUDGMENT by Judge Dale S. Fischer: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. As between the United States of America, on the one hand, and claimants Hector Raya Ortega and Yolanda Ortega, on the other hand, this Court has jurisdiction ov er the subject matter of this action and the parties to this Consent Judgment of Forfeiture with respect to the defendant $83,749.00 currency. Notice of this action has been given as required by law. No appearances have been made in this case by any person with respect to the defendant $83,749.00 currency other than by claimants Hector Raya Ortega and Yolanda Ortega. The Court deems that all other potential claimants admit the allegations of the First Amended Complaint for Forfeiture t o be true with respect to the defendant $83,749.00 currency. The sum of $35,000.00 only (plus any interest earned by the United States of America on that sum), less any debts or other amounts owed by claimant Hector Raya Ortega which the Un ited States of America is entitled to offset pursuant to 31 U.S.C. § 3716,1shall be returned to claimant Hector Raya Ortega. The remainder of the defendant $83,749.00 currency (i.e., $48,749.00), plus any interest earned by the United States of America on $48,749.00 of the defendant $83,749.00 currency shall be condemned and forfeited to the United States of America, which shall dispose of those funds in accordance with law. Related to: Notice of Lodging,, 50 . (See order for details) (shb)

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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 HECTOR
RAYA ORTEGA AND YOLANDA ORTEGA
WITH RESPECT TO THE DEFENDANT
ASSETS CLAIMED BY CLAIMANTS
HECTOR RAYA ORTEGA AND YOLANDA
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 (the “defendant $83,749.00

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currency”) seized on or about November 13, 2007 from an Antioch,

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California residence;

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(2)

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

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16, 2007 from a vehicle being driven near Main Street and Neroly

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Road in Oakley, California;

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(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 “defendant

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jewelry”) seized on or about December 1, 2008 from a Brentwood,

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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; claimants

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Hector Raya Ortega and Yolanda Ortega filed claims to defendant

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$83,749.00 currency on or about June 11, 2009; claimant Renee Beth

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Earle filed a claim to $3,760.00 out of the defendant $8,160.00 in
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U.S. Currency and the defendant jewelry on or about June 24, 2009;

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and claimant Octavio Raya Ortega filed a claim to defendant

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

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$8,160.00 in U.S. Currency and the defendant jewelry on or about

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July 6, 2009.

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Claimants Sergio Ortega, Jr., Sergio Ortega, Sr. and Socorro

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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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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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Raya Ortega and Yolanda Ortega, no other parties have filed a claim

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to the defendant $83,749.00 currency.

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Other than claimants Hector

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

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Hector Raya Ortega and Yolanda Ortega, on the other hand, have now

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agreed to settle this action relative to the disputes between them

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with respect to the defendant $83,749.00 currency, and to avoid

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further litigation by entering into this Consent Judgment of

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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 Hector Raya Ortega and Yolanda Ortega, on the other

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

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action and the parties to this Consent Judgment of Forfeiture with

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respect to the defendant $83,749.00 currency.
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2.

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

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and claimants Hector Raya Ortega and Yolanda Ortega, on the other

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hand, the First Amended Complaint for Forfeiture states a claim for

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

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defendant $83,749.00 currency.

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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 defendant $83,749.00 currency other than by

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claimants Hector Raya Ortega and Yolanda Ortega.

The Court deems

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that all other potential claimants admit the allegations of the

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First Amended Complaint for Forfeiture to be true with respect to

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the defendant $83,749.00 currency.

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4.

The sum of $35,000.00 only (plus any interest earned by

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the United States of America on that sum), less any debts or other

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amounts owed by claimant Hector Raya Ortega which the United States

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of America is entitled to offset pursuant to 31 U.S.C. § 3716,1

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shall be returned to claimant Hector Raya Ortega.

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the defendant $83,749.00 currency (i.e., $48,749.00), plus any

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interest earned by the United States of America on $48,749.00 of

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the defendant $83,749.00 currency shall be condemned and forfeited

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to the United States of America, which shall dispose of those funds

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in accordance with law.

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5.

The remainder of

The funds to be returned to claimant Hector Raya Ortega

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pursuant to paragraph 4 above shall be paid to claimant Hector Raya

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Ortega by electronic transfer directly into the client trust

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31 U.S.C. § 3716, the Debt Collection Improvement Act of 1996
requires the United States of America to offset from its payments
delinquent non-tax debts owed to the United States of America and
delinquent debts owed to States, including past-due child support
enforced by States.
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account of the Law Offices of Doron Weinberg, which is the

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successor to Weinberg & Wilder (i.e., the law firm that is attorney

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of record for claimants Hector Raya Ortega and Yolanda Ortega in

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this case).

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claimants Hector Raya Ortega and Yolanda Ortega in this case.

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Claimant Hector Raya Ortega (through his attorney of record Nina

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Wilder, Esq.) shall provide all information and complete all

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documents requested by the United States of America in order for

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the United States of America to complete the transfer and determine

Nina Wilder Esq., is the attorney of record for

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the government’s right to any offset pursuant to 31 U.S.C. § 3716

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including, without limitation, providing claimant Hector Raya

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Ortega’s social security and taxpayer identification numbers, and

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the identity of the bank, the bank’s address and the account name,

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account number, account type and wire transfer routing number for

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the client trust account to which the transfer of funds is to be

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made.
6.

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Claimants Hector Raya Ortega and Yolanda Ortega, and each

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

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agents, officers, employees and representatives, including, without

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limitation, all agents, officers, employees and representatives of

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the Drug Enforcement Administration and the Department of Justice

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

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employees and representatives of any state or local governmental or

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law enforcement agency involved in the investigation or prosecution

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of 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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/ / /

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may be asserted by or on behalf of claimants Hector Raya Ortega and

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Yolanda Ortega, or either of them.

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7.

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

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and claimants Hector Raya Ortega and Yolanda Ortega, on the other

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

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seizure of the defendant $83,749.00 currency and institution of

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these proceedings against the defendant $83,749.00 currency.

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judgment shall be construed as a certificate of reasonable cause

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pursuant to 28 U.S.C. § 2465 as between the United States of

This

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America, on the one hand, and claimants Hector Raya Ortega and

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Yolanda Ortega, on the other hand, with respect to the defendant

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$83,749.00 currency.

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8.

The Court further finds that claimants Hector Raya Ortega

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and Yolanda Ortega did not substantially prevail in this action,

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and each of the parties hereto shall bear their own attorney fees

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and costs.

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DATED: February 22, 2012
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THE HONORABLE DALE S. FISCHER
UNITED STATES DISTRICT JUDGE

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CONSENT

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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: February 16, 2012

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: February 5, 2012

NINA WILDER

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/s/ Nina Wilder
NINA WILDER

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Attorneys for Claimants
HECTOR RAYA ORTEGA and
YOLANDA ORTEGA

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