United States of America v. 12,186.00 in U S Currency

Filing 15

CONSENT JUDGMENT OF FORFEITURE by Judge Christina A. Snyder: 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, and no other pers on or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said assets in accordance with law. Claimant Alexander Zeilenga 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, including, without limitation, any claim for attorneys' fees, costs or interest which may be asserted on behalf of Claimant. ( 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: [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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$12,186.00 IN U.S. CURRENCY,
Defendant.

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ALEXANDER ZEILENGA,
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Claimant.
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NO.

CV 12-6703 CAS (SHx)

[PROPOSED]
CONSENT JUDGMENT OF FORFEITURE

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Plaintiff United States of America (“the government”) and

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claimant Alexander Zeilenga (“Claimant”) (collectively, the

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“parties”) have reached an agreement that disposes of this case

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in its entirety.

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this Consent Judgment of Forfeiture.

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The parties hereby request that the Court enter

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This action was commenced on August 3, 2012 against the

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defendant $12,186.00 in U.S. Currency.

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published in accordance with law.

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statement identifying right or interest on September 17, 2012,

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and an answer on October 1, 2012.

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interest or answers have been filed, and the time for filing

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statements and answers has expired.

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reached an agreement that is dispositive of the action, and have

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requested that the Court enter this Consent Judgment of

Notice was given and

Claimant filed a verified

No other statements of

Plaintiff and Claimant have

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Forfeiture.

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considered the matter, and based upon the mutual consent of the

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parties hereto,

The Court, having been duly advised of and having

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HEREBY ORDERS, ADJUDGES AND DECREES THAT:

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1.

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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 Alexander Zeilenga 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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2

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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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5.

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 14, 2013

This judgment shall be construed as a certificate

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THE HONORABLE CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE

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[Signatures of Claimant and Counsel appear on following page.]
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By their signatures hereunder, Claimant and counsel for the

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parties 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 13, 2013
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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: February 11, 2013
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/s/
ALEXANDER ZEILENGA
Claimant

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DATED: February 16, 2013
LAW OFFICES OF PAUL L. GABBERT

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/s/
PAUL L. GABBERT

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Attorney for Claimant
Alexander Zeilenga

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