United States of America v. $93,200.00 In U S Currency

Filing 15

CONSENT JUDGMENT OF FORFEITURE by Judge Fernando M. Olguin: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: This Court has jurisdiction over the subject matter of this action and the parties to this Consent Judgment of Forfeiture. The Complaint for Forf eiture states a claim for relief pursuant to 18 USC section 981(a)(1)(C) and 21 USC section 881(a)(6). (See attached Order for further details). The sum of $28,000.00 only (without interest) shall be returned to claimant. The remainder of the de fendant currency (i.e., $65,200.00), plus the interest earned by the United States of America on the defendant currency shall be condemned and forfeited to the United States of America, which shall dispose of those funds in accordance with law. (MD JS-6, Case Terminated). (jp)

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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
VICTOR A. RODGERS
California Bar No. 101281
Assistant United States Attorney
Asset Forfeiture Section
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff
UNITED STATES OF AMERICA

JS-6

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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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$93,200.00 IN U.S.
CURRENCY,
Defendant.

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LUIS MARTIN BUENROSTRO,
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Claimant.
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No. CV 12-09858-FMO(AJWx)

CONSENT JUDGMENT OF FORFEITURE

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On or about November 6, 2012, Plaintiff United States of

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America (“the government,” “the United States of America” or

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“plaintiff”) filed a Complaint for Forfeiture alleging that the

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defendant $93,200.00 in U.S. Currency (the “defendant currency”) is

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subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 21

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U.S.C. § 881(a)(6).

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Claimant Luis Martin Buenrostro (“claimant”) filed a claim to

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the defendant currency on or about February 22, 2013 and an answer

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to the Complaint on or about March 11, 2013.

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appeared in this case and the time for filing claims and answers

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has expired.

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No other parties have

The government and claimant have now agreed to settle this
action and to avoid further litigation by entering into this
Consent Judgment of Forfeiture.
The Court, having been duly advised of and having considered

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

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hereto,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

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1.

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This Court has jurisdiction over the subject matter of

this action and the parties to this Consent Judgment of Forfeiture.
2.

The Complaint for Forfeiture states a claim for relief

pursuant to 18 U.S.C. § 981(a)(1)(C) and 21 U.S.C. § 881(a)(6).
3.

Notice of this action has been given as required by law.

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No appearances have been made in the litigation by any person other

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than claimant.

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admit the allegations of the Complaint for Forfeiture to be true.

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4.

The Court deems that all other potential claimants

The sum of $28,000.00 only (without interest) shall be

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returned to claimant.

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(i.e., $65,200.00), plus the interest earned by the United States

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of America on the defendant currency shall be condemned and

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forfeited to the United States of America, which shall dispose of

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those funds in accordance with law.

The remainder of the defendant currency

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5.

The funds to be returned to claimant pursuant to

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paragraph 4 above shall be paid to claimant by electronic transfer

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directly into the client trust account of Paul Gabbert, Esq.,

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attorney of record for claimant in this case.

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his attorney Paul Gabbert) shall provide all information and

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complete all documents requested by the United States of America in

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order for the United States of America to process the transfer

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including, without limitation, providing claimant’s attorney of

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record’s taxpayer identification number, and the identity of the

Claimant (through

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bank, the bank’s address and the account name, account number,

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account type and wire transfer routing number for the Paul Gabbert

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client trust account to which the transfer of funds is to be made.

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6.

Claimant hereby releases the United States of America,

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its agencies, agents, officers, employees and representatives,

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including, without limitation, all agents, officers, employees and

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representatives of the Drug Enforcement Administration and the

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Department of Justice and their respective agencies, as well as all

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agents, officers, employees and representatives of any state or

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local governmental 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 this

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action, including, without limitation, any claim for attorney fees,

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costs, and interest, which may be asserted by or on behalf of

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

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7.

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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reasonable cause pursuant to 28 U.S.C. § 2465.

This judgment shall be construed as a certificate of

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The Court further finds that claimant did not

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substantially prevail in this action, and the parties hereto shall

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bear their own attorney fees and costs.

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DATED: May 8, 2013

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___________/s/___________________
THE HONORABLE FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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CONSENT
The parties hereto consent to the above judgment and waive any
right of appeal.

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DATED: May 2, 2013

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/ Victor A. Rodgers
VICTOR A. RODGERS
Assistant United States Attorney

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Attorneys for Plaintiff
UNITED STATES OF AMERICA

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DATED: May 2, 2013

PAUL L. GABBERT

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/s/ Paul L. Gabbert
Attorneys for Claimant
LUIS MARTIN BUENROSTRO

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