United States of America v. $30,000.00 In U S Currency

Filing 20

CONSENT JUDGMENT OF FORFEITURE by Judge Philip S. Gutierrez: The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND DECREES: $25,000.00 of the defendant U.S. Currency, without i nterest, shall be returned to Claimant through his counsel. The United States Marshals Service shall return the defendant $25,000.00 to claimant not later than 45 days after (a) the court enters this Consent Judgment and (b) Claimant provides to the government the bank routing and personal identifiers needed to effect a wire transfer of the funds, whichever is later. The government shall have judgment against the interests of Claimant (and any potential claimants) as to the remaining $ 5,000.00 of the defendant U.S. currency, which asset is hereby forfeited and condemned to the United States, and no other right, title or interest shall exist therein. The government shall dispose of the forfeited asset according to law. Each of the parties shall bear its own fees and costs in connection with the seizure, retention and return of the defendant currency. (see document for further details) (MD JS-6. Case Terminated) (bm)

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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
JONATHAN GALATZAN
Assistant United States Attorney
California Bar No. 190414
Asset Forfeiture Section
United States Courthouse
312 North Spring Street, 14th Floor
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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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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)
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Plaintiff,
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v.
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$30,000.00 IN U.S. CURRENCY,
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Defendant.
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JOHN WHITE,
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Claimants.
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_______________________________)
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UNITED STATES OF AMERICA,
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No. CV 11-7918 PGS (CWx)
CONSENT JUDGMENT OF FORFEITURE

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Plaintiff and Claimant John White (“Claimant”) have made a
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stipulated

request

for

the

entry

of

this

Consent

Judgment,

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resolving the claim of Claimant in this action in its entirety.
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Claimant filed a timely claim to the defendant $30,000.00 in U.S.
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Currency and a timely answer to the complaint.

No other claims or

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answers were filed, and the time for filing claims and answers has

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expired.

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defendant currency.

No other person is believed to have any claim to the

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The Court, having considered the stipulation of the parties,

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and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND

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DECREES:

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1.

The government has given and published notice of this

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action as required by law, including Supplemental Rule G for

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Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal

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Rules of Civil Procedure, and the Local Rules of this Court.

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claims or answers have been filed to contest the forfeiture of the

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defendant currency other than by Claimant, and the time for filing

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claims and answers has expired.

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the parties to this judgment and the defendant currency.

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potential claimants to the defendant currency other than Claimant

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are deemed to have admitted the allegations of the complaint with

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respect to the defendant currency.

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2.

$25,000.00

of

the

No

This Court has jurisdiction over

defendant

U.S.

Currency,

Any

without

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interest, shall be returned to Claimant through his counsel.

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United

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$25,000.00 to claimant not later than 45 days after (a) the court

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enters this Consent Judgment and (b) Claimant provides to the

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government the bank routing and personal identifiers needed to

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effect a wire transfer of the funds, whichever is later.

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3.

States

Marshals

Service

shall

return

the

The

defendant

The government shall have judgment against the interests

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of Claimant (and any potential claimants) as to the remaining

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$5,000.00 of the defendant U.S. currency, which asset is hereby
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forfeited and condemned to the United States, and no other right,

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title or interest shall exist therein.

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dispose of the forfeited asset according to law.

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4.

The government shall

Claimant has agreed to release the United States of

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America, its agencies, agents, and officers, including employees

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and agents of the Drug Enforcement Administration (“DEA”), as well

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as all agents, officers, employees and representatives of any state

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or local government or law enforcement agency involved in the

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investigation or prosecution of this matter, from any and all

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

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seizure

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commencement of this civil forfeiture action, including, without

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limitation, any claim for attorneys’ fees, costs or interest which

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may be asserted on behalf of Claimant against the United States,

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

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5.

and

retention

of

the

defendant

currency

and/or

the

The court finds that there was reasonable cause for the

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seizure of the defendant currency and the institution of this

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action as to the defendant currency.

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

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the defendant currency.

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This judgment constitutes a

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Each of the parties shall bear its own fees and costs in

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connection with the seizure, retention and return of the defendant

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currency.

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DATED: August 31, 2012

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________________________________________
THE HONORABLE PHILLIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE

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Prepared by:

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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

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/s/ Jonathan Galatzan
JONATHAN GALATZAN
Assistant United States Attorney
Asset Forfeiture Section

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