United States of America v. 45,460.00 in U S Currency

Filing 22

CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANT GREGORY THORNTON by Judge Dolly M. Gee: Upon Stipulation 21 , the Court HEREBY ORDERS ADJUDGES AND DECREES: $18,000.00 of the defendant currency, plus interest, shall be returned to claimant Gregory Thornton within 45 days of the entry of this Consent Judgment of Forfeiture. The remainder of the defendant currency ($27,460.00) shall be condemned and forfeited to the United States of America. The United States Marshals Service is ordered to dispose of the defendant currency in accordance with the law. This judgment constitutes a certificate of reasonable cause pursuant to 28 U.S.C. Section 2465. 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 details. ( MD JS-6. Case Terminated ) (gk)

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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 Assistant United States Attorney Chief, Asset Forfeiture Section FRANK D. KORTUM Assistant United States Attorney Asset Forfeiture Section California Bar No. 110984 United States Courthouse 312 North Spring Street, Suite 1400 Los Angeles, California 90012 Telephone: (213) 894-5710 Facsimile: (213) 894-7177 E-Mail: Frank.Kortum@usdoj.gov 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 16 17 18 19 20 21 22 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) $45,460.00 IN U.S. CURRENCY, ) ) Defendant. ) ) ) ) GREGORY THORNTON, ) ) Claimant. ) _______________________________) NO. CV 11-09674-DMG (FMOx) CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANT GREGORY THORNTON [21] 23 24 Plaintiff and Claimant Gregory Thornton (“Claimant”) have 25 made a stipulated request for the entry of this Consent Judgment, 26 resolving this action in its entirety. 27 28 On or about November 21, 2011, plaintiff United States of America (“the United States of America”) filed a Verified 1 Complaint for Forfeiture alleging that the defendant $45,460.00 2 in U.S. currency (the “defendant currency”) is subject to 3 forfeiture pursuant to 21 U.S.C. § 881(a)(6). 4 Claimant Gregory Thornton (“claimant”) filed a claim to the 5 defendant currency on February 8, 2012 and an answer on February 6 27, 2012. 7 time for filing claims and answers has expired. 8 is believed to have any claim to the defendant currency. 9 No other parties have appeared in this case and the No other person The Court, having considered the stipulation of the parties, 10 and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND 11 DECREES: 12 1. The government has given and published notice of this 13 action as required by law, including Supplemental Rule G for 14 Admiralty or Maritime Claims and Asset Forfeiture Actions, 15 Federal Rules of Civil Procedure, and the Local Rules of this 16 Court. 17 forfeiture of the defendant currency by anyone other than 18 Claimant, and the time for filing claims and answers has expired. 19 This Court has jurisdiction over the parties to this judgment and 20 the defendant currency described herein. 21 to the defendant currency other than Claimant are deemed to have 22 admitted the allegations of the complaint for forfeiture. 23 2. No claims or answers have been filed to contest the Any potential claimants $18,000.00 of the defendant currency, plus interest, 24 shall be returned to claimant. The remainder of the defendant 25 currency ($27,460.00) shall be condemned and forfeited to the 26 United States of America. The United States Marshals Service is 27 28 2 1 ordered to dispose of the defendant currency in accordance with 2 the law. 3 3. The funds to be returned to claimant shall be paid to 4 Claimant within forty-five (45) days of the entry of this Consent 5 Judgment of Forfeiture by electronic transfer directly into a 6 financial institution account designated by Claimant's counsel, 7 Paul L. Gabbert. Claimant's counsel agrees to provide appropriate 8 financial institution account information within 10 days of 9 execution of this consent judgment. 10 4. Claimant agrees not to contest the forfeiture of 11 $41,112.00 (more specifically $4,356.00 in U.S. currency (seizure 12 number 2011-330700014701), $6,580.00 in U.S. currency (seizure 13 number 2011-3307000148001), and $30,176 (seizure number 2011- 14 330700014601)), seized from him on May 5, 2011 in Denver, 15 Colorado. 16 5. Claimant has agreed to release the United States of 17 America, its agencies, agents, and officers, including employees 18 and agents of the Drug Enforcement Administration (“DEA”) and the 19 Department of Homeland Security (“DHS”), from any and all claims, 20 actions or liabilities arising out of or related to the seizure 21 and retention of the defendant currency and/or the commencement 22 of this civil forfeiture action, including, without limitation, 23 any claim for attorneys’ fees, costs or interest which may be 24 asserted on behalf of Claimant against the United States, whether 25 pursuant to 28 U.S.C. § 2465 or otherwise. 26 27 28 6. The Court finds that there was reasonable cause for the seizure of the defendant currency and the institution of this 3 1 action. 2 cause pursuant to 28 U.S.C. § 2465. 3 7. This judgment constitutes a certificate of reasonable Each of the parties shall bear its own fees and costs in 4 connection with the seizure, retention and return of the 5 defendant currency. 6 DATED: August 6, 2012 7 ________________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 8 9 Presented by: 10 11 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 /s/ FRANK D. KORTUM Assistant United States Attorney 17 18 Attorneys for Plaintiff UNITED STATES OF AMERICA 19 20 21 22 23 24 25 26 27 28 4

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