United States of America v. $77,400.00 In U.S. Currency

Filing 11

CONSENT JUDGMENT OF FORFEITURE by Judge Percy Anderson: IT IS ORDERED, ADJUDGED AND DECREED: The United States of America shall have judgment as to $67,400.00 of the defendant currency and all interest earned of the entirety of the defendant cur rency since seizure, 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 funds in accordance with law. $10,000.00 of the defendant currency, without inte rest, shall be returned to Jose Leyva Miranda and Ramona Jacqueline Gonzalez-Flores by either check or wire transfer. Miranda and Gonzalez-Flores have agreed to release the United States of America, its agencies, agents, and officers, including employees, officers and agents of the Drug Enforcement Administration, from any and all claims, actions or liabilities arising out of or related to this action. See document for details. ( MD JS-6. Case Terminated ) (gk)

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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
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

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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,
vs.

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$77,400.00 IN U.S. CURRENCY,
Defendant.

) NO. CV 14-07734 PA (PJWx)
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) CONSENT JUDGMENT OF FORFEITURE
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This action was filed on October 6, 2014 against the

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defendant $77,400.00 in U.S. Currency (“defendant currency”).

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Jose Leyva Miranda (“Miranda”) and Ramona Jacqueline Gonzalez-

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Flores (“Gonzalez-Flores”) claim an interest in the defendant

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$77,400.00 in U.S. Currency, but have not filed a claim or

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answer.

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claimants to the defendant currency.

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appeared in this case and the time for filing statements of

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interest and answers has expired.

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America, Miranda, and Gonzalez-Flores have reached an agreement

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that is dispositive of the action.

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that the Court enter this Consent Judgment of Forfeiture.

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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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1.

The parties are not aware of any other potential
No other parties have

Plaintiff United States of

The parties hereby request

This Court has jurisdiction over the parties and the

subject matter of this action.

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2.

Notice of this action has been given in accordance with

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law.

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Currency, other than Miranda and Gonzalez-Flores, are deemed to

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have admitted the allegations of the Complaint.

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set out in the Complaint are sufficient to establish a basis for

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forfeiture.

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obligation to file a claim or an answer in this litigation.

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All potential claimants to the defendant $77,400.00 in U.S.

3.

The allegations

Miranda and Gonzalez-Flores are relieved of their

The United States of America shall have judgment as to

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$67,400.00 of the defendant currency and all interest earned of

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the entirety of the defendant currency since seizure, and no

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

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therein.

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dispose of said funds in accordance with law.

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4.

The United States Marshals Service is ordered to

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

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shall be returned to Miranda and Gonzalez-Flores by either check

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or wire transfer.

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payment by check, the check will be payable to “Jose Leyva

If the United States elects to make the

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Miranda and Ramona Jacqueline Gonzalez-Flores,” and mailed to

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attorney Elizabeth Carpenter, Esq. at the Law Office of Elizabeth

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Carpenter, 2923 Waverly Drive, Los Angeles, California 90039.

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If the United States elects to make the payment by wire transfer,

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the funds will be wire transferred to the bank account that

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Miranda, Gonzalez-Flores and their attorney specify.

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Gonzalez-Flores and their attorney shall provide any and all

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information needed to process the return of these funds according

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to federal law.

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5.

Miranda,

Miranda and Gonzalez-Flores have agreed to release the

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United States of America, its agencies, agents, and officers,

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including employees, officers and agents of the Drug Enforcement

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Administration, from any and all claims, actions or liabilities

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arising out of or related to this action, including, without

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limitation, any claim for attorney’s fees, costs or interest

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which may be asserted on behalf of Miranda and Gonzalez-Flores,

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

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6.

The court finds that there was reasonable cause for the

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seizure of the defendant $77,400.00 in U.S. Currency and

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institution of these proceedings.

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construed as a certificate of reasonable cause pursuant to 28

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U.S.C. § 2465.

This judgment shall be

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Dated:

January 29, 2015

JS-6

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THE HONORABLE PERCY ANDERSON
UNITED STATES DISTRICT JUDGE

[Signatures of parties appear on the next page.]

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Approved as to form and content:

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DATED: January 26, 2015

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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/ Katharine Schonbachler
KATHARINE SCHONBACHLER
Assistant United States Attorney

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Attorneys for Plaintiff
United States of America

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DATED: January 21, 2015

LAW OFFICE OF ELIZABETH CARPENTER

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/s/ C. Elizabeth Carpenter
C. ELIZABETH CARPENTER, ESQ.
Attorney for Potential Claimants
Jose Leyva Miranda and
Ramona Jacqueline Gonzalez-Flores

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DATED: December ___, 2014

/s/ Jose Leyva Miranda
JOSE LEYVA MIRANDA
Potential Claimant

DATED: December ___, 2014

/s/ Ramona J. Gonzalez-Flores
RAMONA JACQUELINE GONZALEZ-FLORES
Potential Claimant

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