United States of America v. 261,000.00 In U S Currency

Filing 13

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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1 2 3 4 5 6 7 8 9 10 11 12 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 13 14 UNITED STATES DISTRICT COURT 15 FOR THE CENTRAL DISTRICT OF CALIFORNIA 16 WESTERN DIVISION 17 18 19 UNITED STATES OF AMERICA, Plaintiff, v. 20 $261,000.00 IN U.S. CURRENCY, 21 22 Defendant. 23 MARIO A. LIZARRAGA, 24 Claimant. ) NO. CV 13-2992 MMM (MRWx) ) ) ) CONSENT JUDGMENT OF FORFEITURE ) ) ) ) ) ) ) ) ) ) ) 25 This action was filed on April 29, 2013. Notice was given 26 and published in accordance with law and the time for filing 27 claims and answers have expired. Claimant Mario A. Lizarraga 28 (“Lizarraga”) from whom the defendant currency was seized has 1 1 filed a claim and answer in this matter. 2 answers were filed. 3 agreement that is dispositive of the action. 4 request that the Court enter this Consent Judgment of 5 Forfeiture. No other claims or Plaintiff and Lizarraga have reached an The parties hereby 6 WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 7 1. 8 9 This Court has jurisdiction over the parties and the subject matter of this action. 2. Notice of this action has been given in accordance 10 with law. 11 in U.S. currency (hereinafter “defendant currency”) other than 12 Lizarraga are deemed to have admitted the allegations of the 13 Complaint. 14 sufficient to establish a basis for forfeiture. 15 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 16 $226,000.00 of the defendant currency, plus all interest earned 17 by the government on the full amount of the defendant currency, 18 and no other person or entity shall have any right, title or 19 interest therein. 20 to dispose of said assets in accordance with law. 21 4. The United States Marshals Service is ordered $35,000.00 of the defendant currency, without any 22 interest earned by the government on the full amount of the 23 defendant currency, shall be returned to Lizarraga by either 24 check or wire transfer. 25 payment by check, the check will be payable to “Paul L. Gabbert 26 Client Trust Account,” and mailed to his attorney Paul L. 27 Gabbert, Esq. at 2115 Main Street, Santa Monica, California 28 90405. If the United States elects to make the If the United States elects to make the payment by wire 2 1 transfer, the funds will be wire transferred to the Paul L. 2 Gabbert Client Trust Account. 3 provide any and all information needed to process the return of 4 these funds according to federal law. 5 5. Lizarraga and his attorney shall Lizarraga hereby releases the United States of 6 America, its agencies, agents, and officers, including employees 7 and agents of the Drug Enforcement Administration, as well as 8 all agents, officers, employees and representatives of any state 9 or local government or law enforcement agency involved in the 10 investigation or prosecution of this matter, from any and all 11 claims, actions or liabilities arising out of or related to the 12 seizure of the defendant currency or the prosecution of this 13 action, including, without limitation, any claim for attorney’s 14 fees, costs or interest which may be asserted on behalf of 15 Lizarraga, whether pursuant to 28 U.S.C. § 2465 or otherwise. 16 6. The court finds that there was reasonable cause for 17 the seizure of the defendant currency and institution of these 18 proceedings. 19 of reasonable cause pursuant to 28 U.S.C. § 2465. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// This judgment shall be construed as a certificate 3 1 7. The parties stipulate and request that the Scheduling 2 Conference scheduled for August 26, 2013 be taken off calendar 3 if the Court approves and enters this Consent Judgment. 4 5 Dated: August 22, 2013 THE HONORABLE MARGARET M. MORROW UNITED STATES DISTRICT JUDGE 6 7 Approved as to form and content: 8 9 DATED: August 12, 2013 10 11 12 13 14 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 15 16 Attorneys for Plaintiff United States of America 17 18 19 20 DATED: August 12, 2013 /S/ PAUL L. GABBERT 21 22 Attorney for Claimant MARIO A. LIZARRAGA 23 24 25 26 27 28 4

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