United States of America v. $47,225.03 In Bank Funds

Filing 27

CONSENT JUDGMENT by Magistrate Judge Jay C. Gandhi. $10,000.00 of the defendant funds, without interest, shall be returned to Claimant through its counsel. The government shall have judgment against the interests of Claimant (and any potential claimants) as to the $37,225.03 in defendant funds, which assets are hereby forfeited and condemned to the United States, and no other right, title or interest shall exist therein. Related to: Miscellaneous Document 26 . ( MD JS-6. Case Terminated ) (twdb)

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STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
LUCAS E. ROWE (CBN: 298697)
Special 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]

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Attorneys for Plaintiff
United States of America
UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
) NO. CV 14-07195-JCG
)
)
Plaintiff,
) [Proposed]
) CONSENT JUDGMENT
vs.
)
$47,225.03 IN BANK FUNDS,
)
)
)
Defendants.
)
)
IDEAL KITCHEN SUPPLY AND NORIK )
BARSEGHIAN,
)
)
)
Claimants.
UNITED STATES OF AMERICA,

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O/JS-6

Plaintiff and Claimant Ideal Kitchen Supply (the

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“Claimant”) have made a stipulated request for the entry of this

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Consent Judgment, resolving this action in its entirety.

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defendant funds were seized from Claimant, and it asserts an

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interest in the defendant funds.

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responsive pleading in this case asserting an interest in the

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defendant funds and answering, in part, the allegations of the

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plaintiff’s complaint.

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pleading as a combined claim and answer.

The

Claimant has filed a

The Court construes the Claimant’s
No other claims or

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answers were filed, and the time for filing claims and answers

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has expired.

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the defendant funds.

No other person is believed to have any claim to

The Court, having considered the stipulation of the

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parties, and good cause appearing therefor, HEREBY ORDERS

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ADJUDGES AND DECREES:
1.

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The government has given and published notice of this

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action as required by law, including Rule G of the Supplemental

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Rules for Admiralty or Maritime Claims and Asset Forfeiture

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Actions, Federal Rules of Civil Procedure, and the Local Rules

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of this Court.

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the forfeiture of the defendant funds.1

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filed, and the time for filing claims and answers has expired.

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This Court has jurisdiction over the parties to this judgment

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and the defendant funds.

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defendant funds other than Claimant are deemed to have admitted

Claimant has filed a claim and answer to contest
No other claims were

Any potential claimants to the

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Though a dispute as to the sufficiency of the Claimant’s
pleading exists, the government waives its objections for the
purposes of this Consent Judgment.
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the allegations of the complaint with respect to the defendant

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funds.

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2.

$10,000.00 of the defendant funds, without interest,

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shall be returned to Claimant through its counsel.

The United

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States Secret Service shall return the defendant $10,000.00 not

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later than 45 days after (a) the court enters this Consent

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Judgment and (b) Claimant provides to the government the bank

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routing and personal identifiers needed to effectuate a wire

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transfer of the funds, whichever is later.

The government shall

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have judgment against the interests of Claimant (and any

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potential claimants) as to the $37,225.03 in defendant funds,

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which assets are hereby forfeited and condemned to the United

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States, and no other right, title or interest shall exist

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therein.

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according to law.

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3.

The government shall dispose of the forfeited assets

Claimant has agreed to release the United States of

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America, its agencies, agents, and officers, including employees

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and agents of the United States Secret Service (“USSS”), as well

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as all agents, officers, employees and representatives of any

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state or local government or law enforcement agency involved in

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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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the seizure and retention of the defendant funds and/or the

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commencement of this civil forfeiture action, including, without

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limitation, any claim for attorneys’ fees, costs or interest

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which may be asserted on behalf of Claimant against the United

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States, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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4.

The court finds that there was reasonable cause for the

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seizure of the defendant funds and the institution of this

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action as to the defendant funds.

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certificate of reasonable cause pursuant to 28 U.S.C. § 2465 as

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to the defendant funds.

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5.

This judgment constitutes a

Each of the parties shall bear its own fees and costs

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in connection with the seizure, retention and return of the

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defendant funds.

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DATED: March 2, 2015

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________________________________________
THE HONORABLE JAY C. GANDHI
UNITED STATES MAGISTRATE JUDGE

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Prepared by:

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STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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/s/ Lucas E. Rowe
LUCAS E. ROWE

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Special Assistant United States Attorney
Asset Forfeiture Section

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