United States of America v. 30,842.00 In U.S. Currency

Filing 23

CONSENT JUDGMENT OF FORFEITURE by Judge Jacqueline H. Nguyen ( MD JS-6. Case Terminated ) (bp)

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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 California Bar No. 149883 Assistant United States Attorney Chief, Asset Forfeiture Section U.S. Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213)894-6166 Facsimile: (213)894-7177 E-Mail: Steven.Welk@usdoj.gov JS-6 Attorneys for Plaintiff United States of America 10 UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 14 UNITED STATES OF AMERICA, 15 Plaintiff, 16 v. 17 $30,842.00 IN U.S. CURRENCY, 18 19 Defendant. ALAA EL BEIALY and SAMAR A. ELKRDY, 20 Claimants. 21 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 2:11-cv-00559-JHN -JEMx CONSENT JUDGMENT OF FORFEITURE 22 23 This civil forfeiture action was commenced on January 19, 24 2011. 25 El Beialy and Samar A. Elkrdy (“Claimants”) filed claims and 26 answers February 26, 2011. 27 filed, and the time for filing claims and answers has expired. 28 Notice was given in accordance with law. Claimants Alaa No other claims or answers were 1 Plaintiff and Claimants have reached an agreement that is 2 dispositive of this action, and have requested that this consent 3 judgment be entered. 4 Pursuant to the agreement of the parties, and good cause 5 appearing therefor, the Court hereby ORDERS, ADJUDGES AND 6 DECREES: 7 8 1. 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 than Claimants Alaa El Beialy and Samar A. Elkrdy 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 currency other 16 The allegations The defendant funds shall be disposed of as follows: a) The United States of America shall have judgment 17 as to $10,000.00 of the defendant currency, 18 together will all interest earned by the 19 government on that amount, and no other right, 20 title or interest shall exist therein. 21 shall de disposed of according to law. 22 b) Said funds The remainder of the defendant currency, together 23 with all interest earned by the government on that 24 amount shall be returned to Claimants in care of 25 James Spertus, their attorney, consistent with 26 federal law. 27 28 4. Except as to such rights and obligations created by this Consent Judgment, Claimants hereby release the United States of America, its agencies, agents, and officers, from any and all 2 1 claims, actions or liabilities arising out of or related to this 2 action, including, without limitation, any claim for attorneys’ 3 fees, costs or interest which may be asserted on behalf of the 4 Claimants. 5 5. The Court finds that there was reasonable cause for the 6 seizure of the defendant assets and institution of these 7 proceedings. 8 of reasonable cause pursuant to 28 U.S.C. § 2465. 9 DATED: August 29, 2011 This judgment shall be construed as a certificate 10 11 THE HONORABLE JACQUELINE H. NGUYEN UNITED STATES DISTRICT JUDGE 12 13 Approved as to form and content: 14 DATED: , 2011 15 16 ANDRÉ BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division 17 18 /S/ STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section 19 20 Attorneys for Plaintiff United States of America 21 22 DATED: , 2011 LAW OFFICES OF JAMES W. SPERTUS 23 24 /S/ JAMES W. SPERTUS 25 Attorney for Claimants Alaa El Beialy and Samar A. Elkrdy 26 27 28 3

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