United States of America vs $190,974.58 Seized From Wells Fargo

Filing 26

CONSENT JUDGMENT OF FORFEITURE by Judge Jesus G. Bernal, Related to: Stipulation for entry of Consent Judgment 25 . ( MD JS-6. Case Terminated ) (ad)

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J S -6

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
Asset Forfeiture Section
California Bar No. 190414
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

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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
$190,974.58 SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER
XXXXXX8271,
Defendants.
PETER P. NGUYEN,

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Claimant.
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NO.

CV 11-9759 JGB (PJWx)

CONSENT JUDGMENT OF FORFEITURE
Trial: May 21, 2013
Time: 9:00 a.m.
Courtroom: 1

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Plaintiff and Claimants Peter P. Nguyen and Saigon Bakery,
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Inc. (“Claimants”) have made a stipulated request for the entry
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of this Consent Judgment, resolving this action in its entirety.
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The defendant bank funds were seized from Claimants, and they
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assert an interest in the defendant bank funds and have filed a
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claim in this case and have answered the complaint.

No other

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claims or answers were filed, and the time for filing claims and
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answers has expired.

No other person is believed to have any

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claim to the defendant bank funds.
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The Court, having considered the stipulation of the
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parties, and good cause appearing therefor, HEREBY ORDERS
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ADJUDGES AND 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 Rule G of the Supplemental
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Rules for Admiralty or Maritime Claims and Asset Forfeiture
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Actions, Federal Rules of Civil Procedure, and the Local Rules
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of this Court.

Claimants have filed a claim and answer to

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contest the forfeiture of the defendant bank funds.

No other

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claims were filed, and the time for filing claims and answers
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has expired. This Court has jurisdiction over the parties to
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this judgment and the defendant bank funds.

Any potential

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claimants to the defendant bank funds other than Claimants are
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deemed to have admitted the allegations of the complaint with
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respect to the defendant bank funds.
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2.

$95,487.29 of the defendant bank funds, with any

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interest actually earned on that amount, shall be returned to
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Claimants through their counsel.

The Internal Revenue Service

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shall return the defendant $95,487.29, with any interest

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actually earned on that amount, not later than 45 days after (a)

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the court enters this Consent Judgment and (b) Claimants provide

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to the government the bank routing and personal identifiers

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needed to effect a wire transfer of the funds, whichever is

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later.

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3.

The government shall have judgment against the

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interests of Claimants (and any potential claimants) as to the

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remaining $95,487.29 of the defendant bank funds, with any

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interest actually earned on that amount, which asset is hereby

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forfeited and condemned to the United States, and no other

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right, title or interest shall exist therein.

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shall dispose of the forfeited asset according to law.

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4.

The government

Claimants have 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 Internal Revenue Service (“IRS”), as well as

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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 and retention of the defendant bank funds and/or the

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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

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which may be asserted on behalf of Claimants against the United

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

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5.

The court finds that there was reasonable cause for the

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seizure of the defendant bank funds and the institution of this

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action as to the defendant bank funds.
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This judgment

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constitutes a certificate of reasonable cause pursuant to 28

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U.S.C. § 2465 as to the defendant bank funds.

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Each of the parties shall bear its own fees and costs

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in connection with the seizure, retention and return of the

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defendant bank funds.

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DATED: April 10, 2013

JS-6

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________________________________________
THE HONORABLE JESUS G. BERNAL
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

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Assistant United States Attorney
Asset Forfeiture Section

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