United States of America v. $113,300.00 In U S Currency

Filing 23

CONSENT JUDGMENT OF FORFEITURE by Judge S. James Otero :The sum of $9,500.00 only (without interest), less any debts or other amounts owed by claimant or his attorney of record in this case which the United States of America is entitled to offse t pursuant to 31 U.S.C. 3716,1 shall be returned to claimant. The remainder of the defendant currency (i.e., $103,800.00), 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 shalldispose of those funds in accordance with law. Parties heretoshall bear their own attorney fees and costs.( MD JS-6. Case Terminated ) (lc)

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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]

JS-6

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, ) No. CV 13-1876-SJO(SHx)
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Plaintiff,
) CONSENT JUDGMENT OF FORFEITURE
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v.
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$113,300.00 IN U.S.
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CURRENCY,
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Defendant.
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JONAS HELLER,
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Claimant.
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On or about March 15, 2013, 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 $113,300.00 in U.S. Currency (the “defendant

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currency”) is subject to forfeiture pursuant to 21 U.S.C.

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§ 881(a)(6).

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Claimant Jonas Heller (“claimant”) filed a claim to the

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defendant currency on or about March 21, 2013 and an answer to

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the Complaint on or about March 22, 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

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action and to avoid further litigation by entering into this

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Consent Judgment of Forfeiture.

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The Court, having been duly advised of and having

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

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parties hereto,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

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1.

This Court has jurisdiction over the subject matter of

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this action and the parties to this Consent Judgment of

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Forfeiture.

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2.

The Complaint for Forfeiture states a claim for relief

pursuant to 21 U.S.C. § 881(a)(6).

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3.

Notice of this action has been given as required by

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law.

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person other than claimant.

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potential claimants admit the allegations of the Complaint for

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Forfeiture to be true.

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No appearances have been made in the litigation by any

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The Court deems that all other

The sum of $9,500.00 only (without interest), less any

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debts or other amounts owed by claimant or his attorney of

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record in this case which the United States of America is
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entitled to offset pursuant to 31 U.S.C. § 3716,1 shall be

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returned to claimant.

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(i.e., $103,800.00), plus the interest earned by the United

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States of America on the defendant currency shall be condemned

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and forfeited to the United States of America, which shall

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dispose of those funds in accordance with law.

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5.

The remainder of the defendant currency

The funds to be returned to claimant pursuant to

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paragraph 4 above shall be paid to claimant by electronic

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transfer directly into the client trust account of Ronald

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Richards, Esq., attorney of record for claimant in this case.

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Claimant (through his attorney of record Ronald Richards, Esq.)

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shall provide all information and complete all documents

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requested by the United States of America in order for the

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United States of America to complete the transfer and determine

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the government’s right to any offset pursuant to 31 U.S.C.

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§ 3716 including, without limitation, providing claimant’s

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social security and taxpayer identification numbers (if any),

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claimant’s attorney of record’s taxpayer identification number,

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and the identity of the bank, the bank’s address and the account

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name, account number, account type and wire transfer routing

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number for the Ronald Richards client trust account to which the

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transfer of funds is to be made.

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31 U.S.C. § 3716, the Debt Collection Improvement Act of
1996 requires the United States of America to offset from its
payments delinquent debts owed to the United States of America
and delinquent debts owed to States, including past-due child
support enforced by States. For purposes of determining an
offset pursuant to 31 U.S.C. § 3716, $5,000.00 of the returned
amount shall be deemed to constitute attorney fees belonging to
claimant’s attorney of record in this case (i.e., the Law
Offices of Ronald Richards & Associates, A.P.C.), while the
remainder of the returned amount (i.e., $4,500.00) shall be
deemed to belong to claimant.
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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

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and representatives of the Drug Enforcement Administration or

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the Department of Justice and their respective agencies, as well

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as all agents, officers, employees and representatives of any

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state or local governmental or law enforcement agency involved

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in the investigation or prosecution of this matter, from any and

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all claims, actions or liabilities arising out of or related to

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this action, including, without limitation, any claim for

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attorney fees, costs and interest, which may be asserted by or

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on behalf of claimant, whether pursuant to 28 U.S.C. § 2465 or

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otherwise.

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7.

The Court finds that there was reasonable cause for

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the 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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This judgment shall be construed as a certificate

The Court further funds that claimant did not

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substantially prevail in this action, and the parties hereto

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shall bear their own attorney fees and costs.

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Dated: October 28, 2013
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THE HONORABLE S. JAMES OTERO
UNITED STATES DISTRICT JUDGE

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CONSENT
The parties hereto consent to the above judgment and waive

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any right of appeal.

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Dated: October 18, 2013

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

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Attorneys for Plaintiff
UNITED STATES OF AMERICA

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Dated: October 18, 2013
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LAW OFFICES OF RONALD RICHARDS &
ASSOCIATES, A.P.C.

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/s/ Ronald Richards
RONALD RICHARDS
Attorneys for Claimant
JONAS HELLER

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