United States of America v. One 2008 Chevrolet Corvette Z06 et al

Filing 7

CONSENT JUDGMENT AS TO POTENTIAL CLAIMANT ALEJANDRO RAIGOZA, JR. ONLY by Judge Jacqueline H. Nguyen: The United States of America shall have judgment as Raigoza's interests in the defendants One 2007 Cadillac Escalade, One 2008 Chevrolet Corvett e Z06 and One 2005 Chevrolet Silverado 1500 Ls Truck. The United States Marshals' Service shall dispose of these defendant vehicles in accordance with law. The defendants $4,000.00 in U.S. Currency and $7,011.56 in Bank Funds, without any interest earned by the government on either amount, shall be paid to Raigoza and be returned in care of his attorney, Eric Honig. Said fund in the total amount of $11,011.56 shall be forwarded to "Aljandro Raigoza, Jr." in care of his attorney. ( MD JS-6. Case Terminated ) (bp)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANDRÉ BIROTTE JR. United States Attorney CHRISTINE C. EWELL 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: (213) 894-3172 Facsimile: (213) 894-7177 E-mail: Katie.Schonbachler@usdoj.gov Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT JS-6 FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) Plaintiff, ) ) vs. ) ) ONE 2008 CHEVROLET CORVETTE ) Z06; ONE 2007 CADILLAC ) ESCALADE; ONE 2005 CHEVROLET ) SILVERADO 1500 LS TRUCK; ) $4,000.00 IN U.S. CURRENCY; AND ) ) $7,011.56 IN BANK FUNDS ) ) Defendants. ) ) ) UNITED STATES OF AMERICA, /// /// 1 NO. 2:10-cv-01943-JHN -FFMx CONSENT JUDGMENT AS TO POTENTIAL CLAIMANT ALEJANDRO RAIGOZA, JR. ONLY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This action was filed on March 17, 2010. and published in accordance with law. Notice was given Plaintiff and potential claimant Alejandro Raigoza, Jr. ("Raigoza") have reached an agreement that is dispositive of the action. No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired. The parties hereby request that the Court enter this Consent Judgment of Forfeiture. WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 1. This Court has jurisdiction over the parties and the subject matter of this action. 2. law. Notice of this action has been given in accordance with All potential claimants to the defendants One 2008 Chevrolet Corvette Z06 (VIN #1G1YY26E885109646), One 2007 Cadillac Escalade (VIN #1GYFK63857R296626), One 2005 Chevrolet Silverado 1500 Ls Truck (VIN #1GCEK14T25Z229762), $4,000.00 in U.S. Currency, and $7,011.56 in Bank Funds (hereinafter "defendants") other than Raigoza are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture. Raigoza is relieved of his obligation to file a verified claim of interest or an answer in this litigation. 3. The United States of America shall have judgment as Raigoza's interests in the defendants One 2007 Cadillac Escalade, One 2008 Chevrolet Corvette Z06 and One 2005 Chevrolet Silverado 1500 Ls Truck. The United States Marshals' Service shall dispose of these defendant vehicles in accordance with law. /// 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The defendants $4,000.00 in U.S. Currency and $7,011.56 in Bank Funds, without any interest earned by the government on either amount, shall be paid to Raigoza and be returned in care of his attorney, Eric Honig. Said funds in the total amount of $11,011.56 shall be forwarded to "Alejandro Raigoza, Jr." in care of his attorney, Eric Honig, Esq., P.O. Box 10327, Marina Del Rey, California 90295 within 60 days of the date the Court executes this Consent Judgment. 5. Raigoza hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Federal Bureau of Investigation, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise. 6. The court finds that there was reasonable cause for the seizure of the defendants and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. Dated: June 28, 2010 _ THE HONORABLE JACQUELINE H. NGUYEN UNITED STATES DISTRICT JUDGE [Signatures of counsel appear on the next page.] 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to form and content: DATED: June 25, 2010 ANDRÉ BIROTTE JR. 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/ Katharine Schonbachler KATHARINE SCHONBACHLER Assistant United States Attorney Attorneys for Plaintiff United States of America DATED: June 25, 2010 LAW OFFICE OF ERIC HONIG /s/ Eric Honig ERIC HONIG, ESQ. Attorney for ALEJANDRO RAIGOZA, JR. 4

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