United States of America v. $200,000.00 In U S Currency

Filing 16

CONSENT JUDGMENT OF FORFEITURE by Judge Philip S. Gutierrez in favor of Alejandro Gonzalez against United States of America; in favor of United States of America against $200,000.00 In U S Currency: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: The sum of $5,000.00 only (without interest), less any debts or other amounts owed by claimant or claimant's attorney of record in this case which the United States of America is entitled to offset pursuant to 31 U.S.C. § 3716 or ot herwise, shall be returned to claimant. The remainder of the defendant currency (i.e., $195,000.00), 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. (see document for further details) (MD JS-6. Case Terminated) (bm)

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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]

E-FILED 4/22/14
JS-6

Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
UNITED STATES OF AMERICA, ) No. CV 13-7226-PSG(MRWx)
)
Plaintiff,
) [PROPOSED]
)
v.
) CONSENT JUDGMENT OF FORFEITURE
)
$200,000.00 IN U.S.
)
CURRENCY,
)
)
Defendant.
)
)
)
)
ALEXANDRO GONZALEZ,
)
)
Claimant.
)

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On or about September 30, 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 $200,000.00 in U.S. Currency (the “defendant

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currency”) is subject to forfeiture pursuant to 18 U.S.C.

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§ 981(a)(1)(C) and 21 U.S.C. § 881(a)(6).

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Claimant Alexandro Gonzalez (“claimant”) filed on or about

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November 1, 2013 a claim to the defendant currency and an answer

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to the Complaint.

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and the time for filing claims and answers has expired.

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No other parties have appeared in this case

The government and claimant have now agreed to settle this
action and to avoid further litigation by entering into this
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.

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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).

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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 $5,000.00 only (without interest), less any

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debts or other amounts owed by claimant or claimant’s attorney

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of record in this case which the United States of America is

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2

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entitled to offset pursuant to 31 U.S.C. § 3716 or otherwise,1

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shall be returned to claimant.

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currency (i.e., $195,000.00), plus the interest earned by the

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United States of America on the defendant currency shall be

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condemned and forfeited to the United States of America, which

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shall dispose of those funds in accordance with law.

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5.

The remainder of the defendant

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 the Law

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Offices of Thomas P. Sleisenger, attorneys of record for

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claimant in this case.

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Thomas P. Sleisenger, Esq.) shall provide all information and

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complete all documents requested by the United States of America

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in order for the United States of America to complete the

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transfer and determine the government’s right to any offset

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pursuant to 31 U.S.C. § 3716 or otherwise including, without

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limitation, providing claimant’s social security and taxpayer

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identification numbers (if any), claimant’s attorney of record’s

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taxpayer identification number, and the identity of the bank,

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

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type and wire transfer routing number for the Law Offices of

Claimant (through his attorney of record

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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 States, including past-due
child support enforced by States. For purposes of determining
an offset pursuant to 31 U.S.C. § 3716 or otherwise, one third
of the $5,000.00 returned amount (i.e., $1,666.67) shall be
deemed to constitute attorney fees belonging to claimant’s
attorney of record in this case (i.e., the Law Offices of Thomas
P. Sleisenger), while the remaining two-thirds of the $5,000.00
returned amount (i.e., $3,333.33) shall be deemed to belong to
claimant.
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Thomas P. Sleisenger client trust account to which the transfer

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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

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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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8.

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:

4/21/14
THE HONORABLE PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE

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