United States of America v. 139,500.00 In U.S. Currency

Filing 33

CONSENT JUDGMENT by Judge Consuelo B. Marshall in favor of United States of America against 139,500.00 In U.S. Currency. The Court hereby ORDERS, ADJUDGESAND DECREES that $134,500.00 of the defendant asset, plus all interest earned on the entir ety of the defendant since seizure, is hereby forfeited to the United States, and no other right, title or interest shall exist therein. The remaining $5,000.00 of the defendant asset, without any interest, shall be returned to the Claimants. (See order for further details). Related to: Stipulation for Order 32 . ( MD JS-6. Case Terminated ) (shb)

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EILEEN M. DECKER
United States Attorney
LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
YASIN MOHAMMAD
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 242798
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
United States of America
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
) No.: 15-02746-CBM(AGRx)
)
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Plaintiff,
)
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vs.
) CONSENT JUDGMENT [JS-6]
)
$139,500.00 IN U.S. CURRENCY
)
)
Defendant.
_______________________________ )
)
SHERMAN ARCHILLES JAMES,
)
)
Claimant.
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)
)
UNITED STATES OF AMERICA,

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Plaintiff United States of America (“the government”) and

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claimant Sherman Archilles James (the “Claimant”) have entered

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into a stipulated request for the entry of this consent judgment

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of forfeiture resolving all interests the Claimant may have had

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in the defendant asset, $139,500.00 in U.S. currency.
The civil forfeiture action captioned above was commenced

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on April 14, 2015.

Notice was given and published according to

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law.

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2015 (Dkt No. 11) and an answer on June 24, 2015 (Dkt. No. 12).

Claimant Sherman Archilles James filed a claim on May 27,

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No other claims or answers were filed and the time for filing

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claims and answers has expired.
The Court has been duly advised of and has considered the

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matter.

Based upon the mutual consent of the parties hereto and

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good cause appearing therefor, the Court hereby ORDERS, ADJUDGES

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AND DECREES that $134,500.00 of the defendant asset, plus all

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interest earned on the entirety of the defendant since seizure,

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is hereby forfeited to the United States, and no other right,

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title or interest shall exist therein.

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of the defendant asset, without any interest, shall be returned

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to the Claimants as follows:

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via ACH deposit to the Claimant’s attorney, Roger Diamond, Esq.,

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Roger Diamond Law Offices, 2115 Main Street, Santa Monica,

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California 90405.

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necessary to facilitate such payment according to law.

The funds shall be made payable

Roger Diamond shall provide the information

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The remaining $5,000.00

///

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The Court finds that there was reasonable cause for the

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seizure of the defendant currency and the institution of this

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action.

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

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Each of the parties shall bear its own fees and costs in

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connection with the seizure, retention and return of the

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defendant currency.

This consent judgment shall be construed as a

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DATED:AUGUST 23, 2016
THE HON. CONSUELO B. MARSHALL
UNITED STATES DISTRICT JUDGE

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CC: FISCAL

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Presented by:

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EILEEN M. DECKER
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/ Yasin Mohammad
YASIN MOHAMMAD
Assistant United States Attorney

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Attorney for Plaintiff
UNITED STATES OF AMERICA

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