United States of America v. $2,757,564.00 In U.S. Currency et al

Filing 115

CONSENT JUDGMENT by Judge Fernando M. Olguin. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: As between the United States of America, on the one hand, and claimants Abel Marquez and Cynthia Vencebi, on the other hand, this Court has jurisdiction over the subject matter of this action and the parties to this Consent Judgment with respect to the Abel Marquez/Cynthia Vencebi-claimed defendant currency. $76,450.00 in U.S. currency claimed by claimants Abel Marquez and Cynthia Vencebi, together w ith the interest earned thereon by the government since seizure, shall be returned to claimant Abel Marquez. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 USC 2465 as between the United States of America, on the one hand, and claimants Abel Marquez and Cynthia Vencebi, on the other hand, with respect to the Abel Marquez/Cynthia Vencebi-claimed defendant currency. The parties hereto consent to the above judgment and waive any right to appeal this Consent Judgment. (MD JS-6. Case Terminated.) (jp)

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SANDRA R. BROWN
Acting United States Attorney
LAWRENCE S. MIDDLETON
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, )
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Plaintiff,
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v.
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$2,757,564.00 IN U.S.
)
CURRENCY AND TWO ITEMS OF )
JEWELRY,
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Defendants.
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)
JAVIER MARQUEZ, ROMELIA
MARQUEZ, ABEL MARQUEZ and )
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CYNTHIA VENCEBI,
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Claimants.
)

Case No. CV 14-02320-FMO(AJWx)
CONSENT JUDGMENT BETWEEN PLAINTIFF
UNITED STATES OF AMERICA AND
CLAIMANTS ABEL MARQUEZ AND CYNTHIA
VENCEBI WITH RESPECT TO THE PORTION
OF THE DEFENDANT $2,757,564.00 IN
U.S. CURRENCY CLAIMED BY CLAIMANTS
ABEL MARQUEZ AND CYNTHIA VENCEBI IN
THIS CIVIL FORFEITURE PROCEEDING

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On or about March 26, 2014, Plaintiff United States of
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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defendants $2,757,564.00 in U.S. Currency and Two Items of

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Jewelry (collectively, the “defendant assets”) are subject to

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forfeiture pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C.

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§ 981(a)(1)(A) & (C).

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On or about July 18, 2014, claimants Abel Marquez and

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Cynthia Vencebi filed a claim to $76,450.00 of the defendant

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$2,757,564.00 in U.S. Currency (the “Abel Marquez/Cynthia

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Vencebi-claimed defendant currency”), and on or about July 22,

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2016, filed an answer to the Complaint.

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No other parties have appeared in this case with respect to

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the Abel Marquez/Cynthia Vencebi-claimed defendant currency1 and

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the time for filing claims and answers has expired.

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The government, on the one hand, and claimants Abel Marquez

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and Cynthia Vencebi, on the other hand, have now agreed to

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settle this action, without any admission of any wrongdoing,

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relative to the disputes between them with respect to the Abel

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1 On or about July 18, 2014, claimants Javier Marquez and
Romelia Marquez filed a claim to $2,681,114.00 of the defendant
$2,757,564.00 in U.S. Currency and the defendant Two Items of
Jewelry (collectively, the “Javier/Romelia Marquez-claimed
defendant assets”), and on or about July 22, 2016, filed an
answer to the Complaint. The defendant $2,757,564.00 in U.S.
Currency consists of the $2,681,114.00 (claimed by Javier
Marquez and Romelia Marquez) plus the $76,450.00 (claimed by
Abel Marquez and Cynthia Vencebi). By a consent judgment filed
March 31, 2017 as docket no. 113, claimants Javier Marquez and
Romelia Marquez, on the one hand, and the government, on the
other hand, resolved their differences with respect to the
Javier/Romelia Marquez-claimed defendant assets. Accordingly,
the only remaining claims and defendant assets in this case are
claimants Abel Marquez and Cynthia Vencebi’s claim to the Abel
Marquez/Cynthia Vencebi-claimed defendant currency. When the
instant consent judgment between Abel Marquez and Cynthia
Vencebi, on the one hand, and the government, on the other hand,
is filed, this litigation will be resolved in its entirety.

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Marquez/Cynthia Vencebi-claimed defendant currency and to avoid

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further litigation by entering into this Consent Judgment.

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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.

As between the United States of America, on the one

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hand, and claimants Abel Marquez and Cynthia Vencebi, on the

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other hand, this Court has jurisdiction over the subject matter

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of this action and the parties to this Consent Judgment with

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respect to the Abel Marquez/Cynthia Vencebi-claimed defendant

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currency.

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2.

As between the United States of America, on the one

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hand, and claimants Abel Marquez and Cynthia Vencebi, on the

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other hand, the Complaint for Forfeiture states a claim for

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relief pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C.

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§ 981(a)(1)(A) & (C) with respect to the Abel Marquez/Cynthia

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Vencebi-claimed defendant currency.

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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 claimants Abel Marquez and Cynthia Vencebi

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with respect to the Abel Marquez/Cynthia Vencebi-claimed

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defendant currency.

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in this action, the Court deems that all other potential

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claimants admit the allegations of the Complaint for Forfeiture

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to be true with respect to the Abel Marquez/Cynthia Vencebi-

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claimed defendant currency.

No appearances have been made in the litigation by any

Except for the claimants who filed claims

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3

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$76,450.00 in U.S. currency claimed by claimants Abel

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Marquez and Cynthia Vencebi, together with the interest earned

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thereon by the government since seizure, shall be returned to

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claimant Abel Marquez.

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5.

The funds to be returned to claimant Abel Marquez

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pursuant to paragraph 4 above shall be paid to claimant Abel

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Marquez by electronic transfer directly into the client trust

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account of his attorneys of record in this case (Astourian &

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Associates, Inc.).

Claimant Abel Marquez (through his attorney

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of record Paro Astourian, Esq.) shall provide to the United

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States of America the information necessary for the United

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States of America to complete the transfer.

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6.

Claimants Abel Marquez and Cynthia Vencebi, and each

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of them, hereby release the United States of America, its

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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 (including, without limitation, any petitions for

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remission, which Abel Marquez and Cynthia Vencebi, and each of

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them, hereby withdraw), actions or liabilities arising out of or

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related to this action, including, without limitation, any claim

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

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or on behalf of claimants Abel Marquez and Cynthia Vencebi, or

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either of them, whether pursuant to 28 U.S.C. § 2465 or

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otherwise.

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7.

This judgment shall be construed as a certificate of

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reasonable cause pursuant to 28 U.S.C. § 2465 as between the

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United States of America, on the one hand, and claimants Abel

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Marquez and Cynthia Vencebi, on the other hand, with respect to

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the Abel Marquez/Cynthia Vencebi-claimed defendant currency.

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Dated: April 6, 2017

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/s/
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THE HONORABLE FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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CONSENT
The parties hereto consent to the above judgment and waive
any right to appeal this Consent Judgment.

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Dated: April 4, 2017
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SANDRA R. BROWN
Acting United States Attorney
LAWRENCE S. MIDDLETON
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: April 4, 2017
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LAW OFFICE OF ERIC HONIG
ASTOURIAN AND ASSOCIATES, INC.

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/s/ Paro Astourian
PARO ASTOURIAN, ESQ.

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Attorneys for Claimants
JAVIER MARQUEZ, ROMELIA MARQUEZ,
ABEL MARQUEZ and CYNTHIA VENCEBI

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