United States of America v. $221,006.35 in U.S. Currency

Filing 47

CONSENT JUDGMENT OF FORFEITURE by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: As between the United States of America, on the one hand, and claimants Koan You Lay and Khmer Sarmey Jewelry Store, on the other hand, this C ourt has jurisdiction over the subject matter of this action and the parties to this Consent Judgment. The Court further finds that claimants Koan You Lay and Khmer Sarmey Jewelry Store, and each of them, did not substantially prevail in this action, and the parties hereto shall bear their own attorney fees and costs. (jp)

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First Amended Complaint provides that the defendant currency is

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comprised of the following:

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(a)

$100,000.00 seized during a traffic stop on or

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about June 26, 2014 of a Honda near Pacific Coast Highway and

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10th Street in Long Beach, California being operated by Hong Kim

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Nguyen Huynh and registered to Roanna Huynh;

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(b)

$100,000.00 seized during the execution of a

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state search warrant on or about August 26, 2014 at Benson Auto

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Body & Paint, Inc., 15032 Jackson Street in Midway City,

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California;
(c)

$78,478.35 seized during the execution of a state

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search warrant on or about August 26, 2014 at King Cargo, 10471

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Bolsa Avenue in Westminster, California; and

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(d)

$42,528.00 seized during the execution of a state

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search warrant on or about August 26, 2014 at the Target parking

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lot located at 13831 Brookhurst Street in Garden Grove,

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California during a traffic stop on a 2003 Toyota pickup truck

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registered to and being operated by Hong Kim Nguyen Huynh.

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On or about October 14, 2015, Son Nguyen, individually and

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on behalf of King Cargo filed a claim to $112,082.35 of the

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defendant currency, Hong-Kim Nguyen Huynh, a.k.a. Kim Huynh

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filed a claim to $108,924.00 of the defendant currency and Lam

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Huynh, individually and on behalf of Benson Auto Body and Paint,

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Inc. filed a claim to $100,000.00 of the defendant currency.

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or about October 27, 2015, Son Nguyen, individually and on

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behalf of King Cargo, Hong-Kim Nguyen Huynh, a.k.a. Kim Huynh

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and Lam Huynh, individually and on behalf of Benson Auto Body

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On

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and Paint, Inc. filed their respective answers to the First

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Amended Complaint.

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On or about September 15, 2015, claimant Koan You Lay filed

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a claim to $20,000.00, alleging that those funds were part of

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the defendant currency and claimants Koan You Lay and Khmer

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Sarmey Jewelry Store filed a claim to $15,118.00, alleging that

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those funds were part of the defendant currency.

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claimed by Koan You Lay and the $15,118.00 claimed by Koan You

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Lay and Khmer Sarmey Jewelry Store are hereinafter referred to

The $20,000.00

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as the “Koan You Lay/Khmer Sarmey Jewelry Claimed Funds.”

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about October 6, 2015, claimants Koan You Lay and Khmer Sarmey

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Jewelry Store filed their answer to the First Amended Complaint.

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On or

No other parties have appeared in this case and the time
for filing claims and answers has expired.
The government, on the one hand, and claimants Koan You Lay

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and Khmer Sarmey Jewelry Store, on the other hand, have now

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agreed to settle this action relative to the disputes between

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them with respect to the Koan You Lay/Khmer Sarmey Jewelry

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Claimed Funds and to avoid further litigation by entering into

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this Consent Judgment of Forfeiture.

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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 Koan You Lay and Khmer Sarmey Jewelry Store,

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on the other hand, this Court has jurisdiction over the subject

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matter of this action and the parties to this Consent Judgment
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1

of Forfeiture with respect to the Koan You Lay/Khmer Sarmey

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Jewelry Claimed Funds.

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2.

As between the United States of America, on the one

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hand, and claimants Koan You Lay and Khmer Sarmey Jewelry Store,

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on the other hand, the First Amended Complaint for Forfeiture

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states a claim for relief pursuant to 18 U.S.C. §§ 981(a)(1)(A)

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& (C) and 21 U.S.C. § 881(a)(6) with respect to the Koan You

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Lay/Khmer Sarmey Jewelry Claimed Funds.

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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 Son Nguyen, individually and on behalf of King

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Cargo, Hong-Kim Nguyen Huynh, a.k.a. Kim Huynh, Lam Huynh,

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individually and on behalf of Benson Auto Body and Paint, Inc.,

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Koan You Lay and Khmer Sarmey Jewelry Store with respect to the

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Koan You Lay/Khmer Sarmey Jewelry Claimed Funds.

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deems that all other potential claimants admit the allegations

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of the First Amended Complaint for Forfeiture to be true with

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respect to the Koan You Lay/Khmer Sarmey Jewelry Claimed Funds.

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No appearances have been made in the litigation by any

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The Court

Koan You Lay, Khmer Sarmey Jewelry Store and each of

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their respective interests in the Koan You Lay/Khmer Sarmey

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Jewelry Claimed Funds shall be condemned and forfeited to the

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United States of America, which shall dispose of Koan You Lay,

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Khmer Sarmey Jewelry Store and each of their respective

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interests in the Koan You Lay/Khmer Sarmey Jewelry Store Claimed

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Funds in accordance with law.

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5.

Claimants Koan You Lay and Khmer Sarmey Jewelry Store,

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and each of them, hereby release the United States of America,

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its 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, actions or liabilities arising out of or related to

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this action, including, without limitation, any claim for

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

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on behalf of claimants Koan You Lay and Khmer Sarmey Jewelry

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

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or otherwise.

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6.

As between the United States of America, on the one

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hand, and claimants Koan You Lay and Khmer Sarmey Jewelry Store,

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on the other hand, the Court finds that there was reasonable

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cause for the seizure of the Koan You Lay/Khmer Sarmey Jewelry

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Store Claimed Funds and institution of these proceedings.

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judgment shall be construed as a certificate of reasonable cause

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pursuant to 28 U.S.C. § 2465 as between the United States of

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America, on the one hand, and claimants Koan You Lay and Khmer

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Sarmey Jewelry Store, on the other hand, with respect to the

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Koan You Lay/Khmer Sarmey Jewelry Store Claimed Funds.

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7.

This

The Court further finds that claimants Koan You Lay

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and Khmer Sarmey Jewelry Store, and each of them, did not

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substantially prevail in this action, and the parties hereto

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shall bear their own attorney fees and costs.

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DATED: March 22, 2016
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_
THE HONORABLE MICHAEL W. FITZGERALD
United States District Judge
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