United States of America v. $34,636.00 In U.S. Currency

Filing 20

CONSENT JUDGMENT OF FORFEITURE by Judge S. James Otero. IT IS ORDERED, AJDUGED AND DECREED: This Court has jurisdiction over the parties and the subject matter of this action. Notice of this action has been given in accordance with law. All potential claimants to the defendant $34,636.00 in U.S. Currency other than Ervin are deemed to have admitted the allegations of the Complaint. The United States of America shall have judgment as to $32,136.00 of the defendant currency and all interest earned on the entirety of the defendant currency since seizure, and no other person or entity shall have any right, title or interest therein. ( MD JS-6. Case Terminated ) (bp)

1
2
3
4
5
6
7
8
9
10
11
12
13

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: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

Attorneys for Plaintiff
United States of America

14

UNITED STATES DISTRICT COURT

15

FOR THE CENTRAL DISTRICT OF CALIFORNIA

16

WESTERN DIVISION

17
18

UNITED STATES OF AMERICA,
Plaintiff,

19
20
21
22

vs.
$34,636.00 IN U.S. CURRENCY,
Defendant.

23

JULIUS ERVIN,
24

Claimant.
25

)
) NO. CV 14-1062 SJO (MRWx)
)
)
)
) CONSENT JUDGMENT OF FORFEITURE
)
)
)
)
)
)
)
)
)
)
)

26
27
28
1

This civil forfeiture action was commenced on February 11,

1
2

2014.

3

defendant $34,636.00 in U.S. Currency.

4

appeared in this case and the time for filing statements of

5

interest and answers has expired.

6

America and Ervin have reached an agreement that is dispositive

7

of the action.

8

this Consent Judgment of Forfeiture.

9
10
11
12

Julius Ervin (“Ervin”) claims an interest in the
No other parties have

Plaintiff United States of

The parties hereby request that the Court enter

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1.

This Court has jurisdiction over the parties and the

subject matter of this action.
2.

Notice of this action has been given in accordance

13

with law.

14

in U.S. Currency other than Ervin are deemed to have admitted

15

the allegations of the Complaint.

16

the Complaint are sufficient to establish a basis for

17

forfeiture.

18

3.

All potential claimants to the defendant $34,636.00

The allegations set out in

The United States of America shall have judgment as to

19

$32,136.00 of the defendant currency and all interest earned on

20

the entirety of the defendant currency since seizure, and no

21

other person or entity shall have any right, title or interest

22

therein.

23

dispose of said funds in accordance with law.

24

4.

The United States Marshals Service is ordered to

$2,500.00 of the defendant currency, without interest,

25

shall be returned to Ervin by either check or wire transfer.

26

the United States elects to make the payment by check, the check

27

will be payable to “Julius Ervin and J. Carter Law Group Client

28

Trust Account,” and mailed to attorney Jill Carter, Esq. at the
2

If

1

J. Carter Law Group, 6080 Center Drive, 6th Floor Los Angeles,

2

CA 90045.

3

wire transfer, the funds will be wire transferred to the Law

4

Offices of J. Carter Law Group Client Trust Account.

5

his attorney shall provide any and all information needed to

6

process the return of these funds according to federal law.

7

5.

If the United States elects to make the payment by

Ervin and

Ervin has agreed to release the United States of

8

America, its agencies, agents, and officers, including

9

employees, officers and agents of the Drug Enforcement

10

Administration, the Los Angeles Police Department, and the Los

11

Angeles Sheriff’s Department, from any and all claims, actions

12

or liabilities arising out of or related to this action,

13

including, without limitation, any claim for attorney’s fees,

14

costs or interest which may be asserted on behalf of Ervin,

15

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 $34,636.00 in U.S. Currency and

18

institution of these proceedings.

19

construed as a certificate of reasonable cause pursuant to 28

20

U.S.C. § 2465.

This judgment shall be

21
22
23

Dated:August 5, 2014

_
THE HONORABLE S. JAMES OTERO
UNITED STATES DISTRICT JUDGE

24
25

[Signatures of counsel appear on the next page.]

26
27
28
3

1

Approved as to form and content:

2

DATED: ______, 2014
3
4
5
6

ANDRÉ BIROTTE JR.
United States Attorney
CHRISTINE C. EWELL
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

7
8

KATHARINE SCHONBACHLER
Assistant United States Attorney
Attorneys for Plaintiff
United States of America

9
10
11
12

DATED: ________, 2014

J. CARTER LAW GROUP

13
14
15

JILL A. CARTER, ESQ.

16

Attorney for Claimant
JULIUS ERVIN

17
18

DATED: ____

, 2014

19
20

Claimant JULIUS ERVIN

21
22
23
24
25
26
27
28
4