United States of America v. $10,000.00 In U S Currency
Filing
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CONSENT JUDGMENT OF FORFEITURE by Judge Percy Anderson: The Court ORDERS, ADJUDGES AND DECREES that the United States of America shall have judgment as to the entirety of the defendant currency and all interest earned thereon. The United States Marsh als Service is ordered to dispose of said assets in accordance with law. Claimant Paul Morquecho, Jr. has released the United States of America, its agencies, agents, and officers, from any and all claims, actions or liabilities arising out of or related to this action or the seizure of the defendant currency. See document for details. ( MD JS-6. Case Terminated ) (gk)
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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: (213) 894-6166
Facsimile: (213) 894-7177
E-mail: Steven.Welk@usdoj.gov
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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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Plaintiff,
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v.
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$9,500.00 IN U.S. CURRENCY;
and $10,000 IN U.S. CURRENCY
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Defendants.
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PAUL MORQUECHO, JR.,
Claimant.
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NO.
CV 12-06611 PA (PJWx)
CONSENT JUDGMENT OF FORFEITURE
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Plaintiff United States of America (“the government”) and
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claimant Paul Morquecho, Jr. (“Claimant”) (collectively, the
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“parties”) have reached an agreement that disposes of this case
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in its entirety.
The parties have requested that the Court enter
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this Consent Judgment of Forfeiture.
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This action was commenced on July 31, 2012 against the
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defendant $9,500.00.
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first amended complaint adding the defendant $10,000.00.
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Claimant filed a claim to the $10,000.00 (only) on November 26,
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2012, and an answer on December 17, 2012.
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answers were filed, and the time for filing claims and answer has
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expired.
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Plaintiff and Claimant have reached an agreement that is
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dispositive of the action, and have requested that the Court
On October 18, 2012, the government filed a
No other claims or
Notice was given and published in accordance with law.
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enter this Consent Judgment of Forfeiture.
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been duly advised of and having considered the matter, and based
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upon the mutual consent of the parties hereto,
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HEREBY ORDERS, ADJUDGES AND DECREES THAT:
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1.
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The Court, having
This Court has jurisdiction over the parties and the
subject matter of this action.
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2.
Notice of this action has been given in accordance with
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law.
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than Claimant Paul Morquecho, Jr. are deemed to have admitted the
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allegations of the Complaint.
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Complaint are sufficient to establish a basis for forfeiture.
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All potential claimants to the defendant currency other
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The allegations set out in the
The United States of America shall have judgment as to
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the entirety of the defendant currency and all interest earned
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thereon, and no other person or entity shall have any right,
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title or interest therein.
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ordered to dispose of said assets in accordance with law.
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4.
The United States Marshals Service is
The forfeiture of the defendant currency does not
constitute and shall not be construed as a payment of any taxes
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(including income taxes), fines or other obligations which may be
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owed by Claimant, and this Consent Judgment of Forfeiture does
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not in any way affect any existing tax (including income tax),
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fine, liability or other debt owed by Claimant.
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consent judgment is intended or should be construed as an
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admission by Claimant of any wrongdoing or illegal conduct.
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5.
Nothing in this
Claimant has released the United States of America, its
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agencies, agents, and officers, from any and all claims, actions
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or liabilities arising out of or related to this action or the
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seizure of the defendant currency, including, without limitation,
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any claim for attorneys’ fees, costs or interest which may be
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asserted on behalf of Claimant, whether pursuant to 28 U.S.C. §
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2465 or otherwise.
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6.
The Court finds that there was reasonable cause for the
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seizure of the defendant currency and institution of these
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proceedings.
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of reasonable cause pursuant to 28 U.S.C. § 2465.
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DATED: March 11, 2013
This judgment shall be construed as a certificate
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THE HONORABLE PERCY ANDERSON
UNITED STATES DISTRICT JUDGE
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[Signatures of the parties appear on following page.]
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By their signatures hereunder, Claimant and government
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counsel affirm that this proposed consent is approved as to form
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and content, and request that it be entered.
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DATED: March 7, 2013
ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
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/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: March 7, 2013
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/S/
PAUL MORQUECHO, JR.
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Claimant in pro per
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