United States of America v. 261,000.00 In U S Currency
Filing
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CONSENT JUDGMENT OF FORFEITURE by Judge Margaret M. Morrow. IT IS ORDERED, ADJUDGED AND DECREED: The United States of America shall have judgment as to $226,000.00 of the defendant currency, plus all interest earned by the government on the full amount of the defendant currency, and no other person 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. $35,000.00 of the defendant currency, without any interest earned by the government on the full amount of the defendant currency, shall be returned to Lizarraga by either check or wire transfer. ( MD JS-6. Case Terminated ) (bp)
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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
KATHARINE SCHONBACHLER
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 222875
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-3172
Facsimile: (213) 894-7177
E-mail: Katie.Schonbachler@usdoj.gov
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,
Plaintiff,
v.
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$261,000.00 IN U.S. CURRENCY,
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Defendant.
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MARIO A. LIZARRAGA,
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Claimant.
) NO. CV 13-2992 MMM (MRWx)
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) CONSENT JUDGMENT OF FORFEITURE
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This action was filed on April 29, 2013.
Notice was given
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and published in accordance with law and the time for filing
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claims and answers have expired.
Claimant Mario A. Lizarraga
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(“Lizarraga”) from whom the defendant currency was seized has
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filed a claim and answer in this matter.
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answers were filed.
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agreement that is dispositive of the action.
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request that the Court enter this Consent Judgment of
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Forfeiture.
No other claims or
Plaintiff and Lizarraga have reached an
The parties hereby
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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
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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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Notice of this action has been given in accordance
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with law.
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in U.S. currency (hereinafter “defendant currency”) other than
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Lizarraga are deemed to have admitted the allegations of the
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Complaint.
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sufficient to establish a basis for forfeiture.
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3.
All potential claimants to the defendant $261,000.00
The allegations set out in the Complaint are
The United States of America shall have judgment as to
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$226,000.00 of the defendant currency, plus all interest earned
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by the government on the full amount of the defendant currency,
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and no other person or entity shall have any right, title or
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interest therein.
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to dispose of said assets in accordance with law.
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4.
The United States Marshals Service is ordered
$35,000.00 of the defendant currency, without any
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interest earned by the government on the full amount of the
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defendant currency, shall be returned to Lizarraga by either
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check or wire transfer.
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payment by check, the check will be payable to “Paul L. Gabbert
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Client Trust Account,” and mailed to his attorney Paul L.
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Gabbert, Esq. at 2115 Main Street, Santa Monica, California
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90405.
If the United States elects to make the
If the United States elects to make the payment by wire
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transfer, the funds will be wire transferred to the Paul L.
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Gabbert Client Trust Account.
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provide any and all information needed to process the return of
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these funds according to federal law.
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5.
Lizarraga and his attorney shall
Lizarraga hereby releases the United States of
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America, its agencies, agents, and officers, including employees
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and agents of the Drug Enforcement Administration, as well as
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all agents, officers, employees and representatives of any state
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or local government 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 the
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seizure of the defendant currency or the prosecution of this
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action, including, without limitation, any claim for attorney’s
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fees, costs or interest which may be asserted on behalf of
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Lizarraga, whether pursuant to 28 U.S.C. § 2465 or otherwise.
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6.
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
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The parties stipulate and request that the Scheduling
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Conference scheduled for August 26, 2013 be taken off calendar
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if the Court approves and enters this Consent Judgment.
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Dated: August 22, 2013
THE HONORABLE MARGARET M. MORROW
UNITED STATES DISTRICT JUDGE
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Approved as to form and content:
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DATED: August 12, 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
/S/
KATHARINE SCHONBACHLER
Assistant United States Attorney
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Attorneys for Plaintiff
United States of America
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DATED: August 12, 2013
/S/
PAUL L. GABBERT
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Attorney for Claimant
MARIO A. LIZARRAGA
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