United States of America v. $33,905.00 In U.S.Currency

Filing 13

CONSENT JUDGMENT OF FORFEITURE by Judge George H. King: The United States of America shall have judgment as to the defendant $33,905.00 in U.S. currency and all interest earned thereon. No other person or entity shall have any right, title or in terest in the forfeited currency. The United States Marshals Service is ordered to dispose of the forfeited currency in accordance with law. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employee s 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 attorneys fees, costs or interest which may be asserted on beh alf of claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise. The Court finds that there was reasonable cause for the seizure of the defendant currency and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. (MD JS-6. Case Terminated) (ir)

1
2
3
4
5
6
7
8
9

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
MICHELE C. MARCHAND
Assistant United States Attorney
California Bar No. 93390
Asset Forfeiture Section
U.S. Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

FILED: 5/17/11

10
11

Attorneys for Plaintiff
United States of America

12
UNITED STATES DISTRICT COURT
13
FOR THE CENTRAL DISTRICT OF CALIFORNIA
14
WESTERN DIVISION
15
UNITED STATES OF AMERICA,
16
Plaintiff,
17
v.
18
$33,905.00 IN U.S. CURRENCY,
19
Defendant.
20
ELIOT DAMONE FRANKS,
21
Claimant.
22

)
)
)
)
)
)
)
)
)
)
)
)
)
)

NO.

CV 10-7174-GHK(VBKx)

[Proposed]
CONSENT JUDGMENT OF FORFEITURE

23
24

Plaintiff United States of America (“plaintiff”) initiated

25

this action by filing a Verified Complaint for Forfeiture

26

(“Complaint”) on September 24, 2010.

27

published in accordance with law.

28

(“claimant”) filed timely a claim and answer.

Notice was given and

Eliot Damone Franks
No other claims or

1

answers have been filed, and the time for filing claims and

2

answers has expired.

3

Plaintiff and claimant have reached an agreement that is

4

dispositive of this action.

5

request that the Court enter this Consent Judgment of Forfeiture.

Plaintiff and claimant hereby

6

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

7

1.

8

This court has jurisdiction over the parties and the

subject matter of this action.

9

2.

Notice of this action has been given in accordance with

10

law.

11

currency (“defendant currency”) other than claimant are deemed to

12

have admitted the allegations of the Complaint.

13

set out in the Complaint are sufficient to establish a basis for

14

forfeiture.

15

3.

All potential claimants to the defendant $33,905.00 in U.S.

The allegations

The United States of America shall have judgment as to

16

the defendant $33,905.00 in U.S. currency and all interest earned

17

thereon.

18

or interest in the forfeited currency.

19

Marshals Service is ordered to dispose of the forfeited currency

20

in accordance with law.

21

4.

No other person or entity shall have any right, title
The United States

Claimant hereby releases the United States of America,

22

its agencies, agents, and officers, including employees and

23

agents of the Federal Bureau of Investigation, from any and all

24

claims, actions or liabilities arising out of or related to this

25

action, including, without limitation, any claim for attorneys’

26

fees, costs or interest which may be asserted on behalf of

27
28

2

1
2

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

The Court finds that there was reasonable cause for the

3

seizure of the defendant currency and institution of these

4

proceedings.

5

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

6

DATED:

This judgment shall be construed as a certificate

5/16

, 2011

7
8

HONORABLE GEORGE H. KING
UNITED STATES DISTRICT JUDGE

9
10

Approved as to form and content:

11

DATED: April ____, 2011

12
13
14

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

15
16
17

MICHELE C. MARCHAND
Assistant United States Attorney

18

Attorneys for Plaintiff
United States of America

19
20

DATED: April

, 2011

LAW OFFICES OF WILLIAM S. PITMAN

21
22

________________________________
WILLIAM S. PITMAN

23

Attorney for Claimant
Eliot Damone Franks

24
25
DATED: April
26

, 2011
ELIOT DAMONE FRANKS, Claimant

27
28

3