United States of America v. Two Real Properties Located in Lancaster California

Filing 34

CONSENT JUDGMENT OF FORFEITURE by Judge Valerie Baker Fairbank. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff United States of America shall have judgment against the Oliver Sr. Genoa property (see attached Consent Judgment for further de tails). The Court finds that there was reasonable cause for the institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 USC 2465. The Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this Judgment. (MD JS-6. Case Terminated.) (jp)

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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
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: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

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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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) NO. CV 11-2873 VBF (MANx)
)
Plaintiff,
) [PROPOSED]
) CONSENT JUDGMENT OF FORFEITURE
vs.
)
)
TWO REAL PROPERTIES LOCATED IN )
LANCASTER, CALIFORNIA,
)
)
)
Defendants.
)
JAMES E. OLIVER, SR., JAMES E. )
)
OLIVER, JR., WENDY CLEMENS, AND )
MARGARET PERRIS,
)
)
)
Claimants.

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/ / /
/ / /
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This action was filed on April 5, 2011.

Notice was given

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and published in accordance with law.

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Oliver, Jr. (“Oliver, Jr.”) filed a claim on May 13, 2011 to the

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defendants; James E. Oliver, Sr. (“Oliver, Sr.”) filed a claim

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on May 18, 2011 to the defendant “Oliver, Sr. Genoa property”

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(which real property is more fully described in paragraph 3(b)

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below); and Wendy Clemens (“Clemens”) and Margaret Perris

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(“Perris”) filed claims on May 27, 2011 to the defendant

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“Oliver, Jr. 80th Street property” (which real property is more

Claimants James E.

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fully described in paragraph 3(a) below).

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

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answers has expired.

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is dispositive of this action and hereby request that the Court

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enter this Consent Judgment of Forfeiture.

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agreement to this Consent Judgment is dependent upon the filing

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and approval by the Court of the Consent Judgment in the related

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case pending in this Court entitled United States vs. $25,270.00

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in U.S. Currency et al., Case No. CV 11-2872 VBF.

No answers or any

The parties have reached an agreement that

The parties'

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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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1.

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This Court has jurisdiction over the parties and the

subject matter of this action.
2.

Notice of this action has been given in accordance

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with law.

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Perris represent that they are unaware of any other persons or

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entities with a valid interest in the defendants Two Real

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Properties in Lancaster, California (collectively, “defendant

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real properties”).

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real properties, other than claimants Oliver, Jr., Oliver, Sr.,

Claimants Oliver, Jr., Oliver, Sr., Clemens and

All potential claimants to the defendant

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Clemens and Perris (collectively, “claimants”) are deemed to

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have admitted the allegations of the Complaint.

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

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forfeiture.

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file answers in this litigation.

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3.

The allegations

The claimants are relieved of their obligation to

The parties waive the requirements of Local Rule 79-

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5.4(e) in order to effectuate this Consent Judgment.

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defendant real properties are:

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a)

The

Real property at 45249 80th Street, Lancaster,

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California 93536 and more particularly described as: The

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North half of the South half of the East half of the East

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half of the Southeast quarter of the Southeast quarter of

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Section 8, Township 7 North, Range 13 West, San Bernardino

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Meridian, in the county of Los Angeles, state of

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California, according to the official plat of said land.

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Assessor’s Parcel No. 3219-025-018 (“Oliver, Jr. 80th Street

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property”).

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b) Real property at 45402 Genoa Avenue, Lancaster,

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California 93534 and more particularly described as: Lot

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82, Tract No. 17242, in the unincorporated area of the

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county of Los Angeles, state of California, as per map

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recorded in book 478, pages 28 to 31 of maps, in the office

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of the county recorder of said county. Assessor’s Parcel

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No. 3135-015-036 (“Oliver, Sr. Genoa property”).

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4.

Claimant Oliver, Sr. shall pay the United States of

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America a total of $50,000.00 (fifty thousand dollars) within

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sixty (60) days of the date this Consent Judgment is filed.

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This payment shall be in the form of a cashier’s check payable
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to the “United States Marshals Service” and shall be delivered

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to Assistant United States Attorney Katharine Schonbachler at

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the Federal Courthouse, 312 North Spring Street, 14th Floor, Los

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Angeles, California 90012.

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substitute res for the Oliver, Sr. Genoa property in this action

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and shall be condemned and forfeited to the United States of

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America, which shall dispose the funds in accordance with law.

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5.

The $50,000.00 shall be the

Plaintiff shall withdraw its lis pendens with respect

to the Oliver, Jr. 80th Street property within fourteen (14) days
of the date this Consent Judgment is filed.
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Provided that claimant Oliver, Sr. timely makes the

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$50,000.00 payment in full by cashier’s check, the United States

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of America shall, within fourteen (14) days of its receipt of

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the payment in full by cashier’s check from claimant Oliver,

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Sr., withdraw its lis pendens with respect to the liver, Sr.

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Genoa property.

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timely make the $50,000.00 payment in full by cashier’s check,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

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However, should claimant Oliver, Sr. fail to

a) Plaintiff United States of America shall have
judgment against the Oliver Sr. Genoa property;
b) All right, title and interest in the Oliver, Sr.

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Genoa property shall be condemned and forfeited to the

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United States of America, which shall dispose of the

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Oliver, Sr. Genoa property in the manner provided by law.

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c) With respect to the Oliver, Sr. Genoa property, the

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Los Angeles County Recorder shall index this judgment in

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the grantor index under the name of James E. Oliver, Sr.

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and in the grantee index under the name of the United

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States of America.

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d)

Title having vested in plaintiff United States of

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America with respect to the Oliver Sr. Genoa property, the

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United States of America shall proceed to dispose of the

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Oliver, Sr. Genoa property in accordance with law.

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disposition of the Oliver, Sr. Genoa property, the proceeds

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of the sale of the Oliver, Sr. Genoa property, to the

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extent such amounts are available, shall be payable in the

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Upon

following priority:

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(i)

First, payment to the United States Marshals

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Service for all expenses of forfeiture of the Oliver, Sr.

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Genoa property including, but not limited to, expenses of

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custody, advertising and sale;

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(ii) Second, payment to the County Assessor and

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Tax Collector of Los Angeles County, California for unpaid

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real property taxes assessed against the Oliver, Sr. Genoa

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property up to the date of entry of this Consent Judgment

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of Forfeiture; and,

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(iii) Third, the United States Marshals Service

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shall deposit and dispose of the remaining proceeds from

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the sale of the Oliver, Sr. Genoa property in accordance

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with law.

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e.

Any occupants of the Oliver, Sr. Genoa property

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shall vacate the property within thirty (30) days of

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receiving notice from the United States Marshals Service

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and, before they vacate the Oliver, Sr. Genoa property, to

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take all reasonable precautions to prevent any destruction
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to or diminution in value of the Oliver, Sr. Genoa property

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and any fixtures thereto.

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vacate the Oliver, Sr. Genoa property by the aforementioned

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deadline, the United States Marshals Service may remove

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them and their belongings from the Oliver, Sr. Genoa

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property without further order of the Court.

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7.

If any such occupants fail to

Except as to such rights and obligations created by

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this Consent Judgment, Claimants, and each of them, hereby

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release the United States of America, its agencies, agents,

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officers and attorneys, including employees and agents of the

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Federal Bureau of Investigation, and officers and employees of

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the Los Angeles Sheriff’s Department, from any and all claims,

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actions or liabilities arising out of or related to the seizure

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of the defendants and the commencement of this action,

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including, without limitation, any claim for attorney’s fees,

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costs or interest which may be asserted on behalf of the

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claimants, or any of them, whether pursuant to 28 U.S.C. § 2465

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or otherwise.

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8.

The Court finds that there was reasonable cause for

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the institution of these proceedings.

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construed as a certificate of reasonable cause pursuant to 28

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U.S.C. § 2465.

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9.

This judgment shall be

The Court retains jurisdiction over this case and the

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parties hereto to effectuate the terms of this Judgment.

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DATED: August 3, 2011

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HONORABLE VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE

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[Signatures of counsel/parties appear on the next page.]
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Approved as to form and content:

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DATED: July __ , 2011

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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
/s/
KATHARINE SCHONBACHLER
Assistant United States Attorney

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Attorneys for Plaintiff
United States of America

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DATED: July ___, 2011

/s/
JAMES E. OLIVER, JR.
PRO SE CLAIMANT

DATED: July __ , 2011

/s/
JANET SHERMAN
Attorney for Claimants
WENDY CLEMENS AND MARGARET PERRIS

DATED: July ___, 2011

/s/
WENDY CLEMENS, CLAIMANT

DATED: July ___, 2011

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/s/
MARGARET PERRIS, CLAIMANT

DATED: July __ , 2011

LAW OFFICES OF MICHAEL J. KHOURI

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/s/
MICHAEL J. KHOURI
Attorney for Claimant
JAMES E. OLIVER, SR.

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DATED: July ___, 2011

/s/
JAMES E. OLIVER, SR., CLAIMANT
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