United States of America v. Real Property on Butterfly Bush Court et al

Filing 9

CONSENT JUDGMENT OF FORFEITURE by Judge Gary A. Feess. All right, title and interest in the defendant real property is hereby condemned and forfeited to the United States of America. ( MD JS-6. Case Terminated ) (bp)

JS-6
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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
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
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WESTERN DIVISION
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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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REAL PROPERTY ON BUTTERFLY )
BUSH COURT, CORONA,
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CALIFORNIA,
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Defendant.
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WISAENG JEON; HAPPY SMILE
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PROPERTIES, INC.
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Titleholders.
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____________________________)

NO.

CV 11-10002 GAF (Ex)

CONSENT JUDGMENT OF FORFEITURE

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On December 2, 2011, plaintiff United States of America
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(“plaintiff” or the “government”) initiated this civil forfeiture
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action alleging that the defendant real property located on
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Butterfly Bush Court in Corona, California (the “defendant real

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property”) was subject to forfeiture pursuant to 18 U.S.C. § 981

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(a)(1)(A) and (C).

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in accordance with law.

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real property is:

Notice of the action was given and published
The legal description of the defendant

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Lot 27 of Tract 31025, in the County of Riverside,

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State of California, as shown by map on file in Book

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374, Pages 30 through 35, inclusive, in the Office of

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the County Recorder of Riverside County, California.

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The defendant real property is titled in the names of Wisaeng

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JEON (“JEON”) and Happy Smile Properties, Inc. (“HSP”), who hold

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the property as tenants in common.

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recorded against the property except for a tax lien in favor of

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the County of Riverside, which the government did not contest.

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There are no known liens

The government and the owners of the property (JEON and HSP)

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(collectively, the “parties”) have reached an agreement that is

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dispositive of this action.

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parties request that the Court enter this consent judgment of

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forfeiture.

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By their signatures hereunder, the

The Court, having been duly advised of and having considered
the matter, and based upon the mutual consent of the parties,

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HEREBY ORDERS, ADJUDGES, AND DECREES:

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This Court has jurisdiction over this action pursuant

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to 28 U.S.C. §§ 1345 and 1355, and over the parties who have

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submitted to the jurisdiction of this Court by agreeing to the

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entry of this consent judgment.

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2.

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The Complaint for Forfeiture states a claim for relief

pursuant to 18 U.S.C. § 981(a)(1)(A) and (C).
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Notice of this action has been given as required by

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law.

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filing claims and answers has expired.

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authorized representative whose signature appears below) are the

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sole titleholders to the defendant real property. The Court deems

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that all other potential claimants admit the allegations of the

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Complaint for Forfeiture to be true.

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No claims or answers have been filed and the time for

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JEON and HSP (through its

All right, title and interest in the defendant real

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property is hereby condemned and forfeited to the United States

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of America.

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judgment in the grantor index under the names of Wisaeng JEON and

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Happy Smile Properties, Inc., and in the grantee index under the

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name of the United States of America.

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5.

The Riverside County Recorder shall index this

Following entry of this judgment, the government shall

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dispose of the defendant real property according to law, and

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shall satisfy any liens secured by the defendant real property.

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The net proceeds of any such sale shall be disposed of according

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to law.

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The parties shall execute further documents to the

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extent necessary, to convey clear title of the defendant real

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property to the United States and to further implement the terms

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of this Consent Judgment.

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By their signatures hereunder, JEON and HSP have

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released the United States of America, its agencies, officers,

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and employees, from any and all claims, actions, or liabilities

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arising out of or related to this action, including, without

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

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

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The Court finds that there was reasonable cause for the

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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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This judgment shall be

The Court shall retain jurisdiction over this matter for

the purpose of enforcing this consent judgment.
DATED: March 2, 2012

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______________________________
THE HONORABLE GARY A. FEESS
UNITED STATES DISTRICT JUDGE

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[Signatures of the parties appear on the following page.]
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CONSENT

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The parties request that this judgment be entered and waive

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any right of appeal.

JEON and HSP hereby acknowledge that (a)

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they have read and understand this consent judgment, or that it

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has been read and explained to them to their satisfaction, and

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(b) they have had an opportunity to confer with legal counsel

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with respect to this consent judgment, and enter into this

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consent judgment freely and voluntarily.

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DATED: February 28, 2012

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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
/s/
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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Attorneys for Plaintiff
United States of America

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DATED: February 23, 2012
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/s/
Wisaeng JEON

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DATED: February 23, 2012
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/s/
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Jeong Mi Park
Happy Smile Properties, Inc.

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