United States of America v. 13,000.00 In U.S. Currency et al

Filing 4

CONSENT JUDGMENT OF FORFEITURE by Judge Margaret M. Morrow. IT IS ORDERED, ADJUDGED AND DECREED: This Court has jurisdiction over the parties and the subject matter of this action. The United States of America shall have judgment as to $25,500.0 0 of the defendant currency, plus all interest earned by the government on the full amount of the defendant currency, and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to disp ose of said assets in accordance with law. $4,500.00 of the defendant currency, without any interest earned by the government on that amount, shall be paid to claimant not later than sixty (60) days from the date of the entry of this judgment ( MD JS-6. Case Terminated ) (bp)

-PJW United States of America v. 13,000.00 In U.S. Currency et al

Doc. 4

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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 P. GREG PARHAM California Bar No. 140310 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] Attorneys for Plaintiff United States of America

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) Plaintiff, ) ) v. ) ) $13,000.00, $9,000.00 AND ) $8,000.00 IN U.S. CURRENCY, ) ) Defendants. ) ) ) RAYMOND CHARLTON, ) ) Claimant. ) ) UNITED STATES OF AMERICA, NO. CV 11-00122 MMM(PJWx)

[Proposed] CONSENT JUDGMENT OF FORFEITURE

This action was filed on January 5, 2011.

Notice was given

and published in accordance with law. No statements of interest or answers have been filed, and the time for filing such statements

Dockets.Justia.com

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and answers will not expire until March 3, 2011.

Plaintiff and

potential claimant Raymond Charlton ("claimant"), from whom the $13,000.00, $9,000.00 and $8,000.00 in U.S. currency ("defendant currency") was seized and who filed an administrative claim

thereto, have reached an agreement that is dispositive of the action. 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. Notice of this action has been given in accordance with law. All potential claimants to the defendant currency

other than claimant 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. 3. The United States of America shall have judgment as to $25,500.00 of the defendant currency, plus all interest earned by the government on the full amount of the defendant currency, 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. 4. $4,500.00 of the defendant currency, without any interest earned by the government on that amount, shall be paid to claimant not later than sixty (60) days from the date of the entry of this judgment by electronic transfer

directly into Capitol One Bank account number 936-6052

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2364 entitled "Raymond Charlton." Claimant agrees to provide appropriate financial institution account

information within 10 days of execution of this consent judgment. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Administration, 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. 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. The Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this Consent Judgment. Dated: March 7, 2011

_____________________________ THE HONORABLE MARGARET M. MORROW UNITED STATES DISTRICT JUDGE

[Signatures of parties appear on the next page.] 28 3

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Approved as to form and content: Dated: March , 2011 ANDRÉ BIROTTE JR. United States Attorney ROBERT E. DUGDALE United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section ___________________ P. GREG PARHAM Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America

Dated: March 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

, 2011 _____________________ RAYMOND CHARLTON Potential Claimant

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