United States of America v. $ 192,300.00 in U.S. Currency

Filing 23

CONSENT JUDGMENT OF FORFEITURE by Judge Fernando M. Olguin. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: The Court has jurisdiction over the subject matter of this action and the parties to this Consent Judgment of Forfeiture. The sum of $6,000. 00 only (without interest) shall be returned to Claimant. The remainder of the defendant currency (i.e., $186,300.00), plus the interest earned by the United States of America on the defendant currency shall be condemned and forfeited to the United States of America, which shall dispose of those funds in accordance with law. (MD JS-6. Case Terminated.) (jp)

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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
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]

JS-6

E-mail: [e-mail]
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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) Case No. CV 15-04391-FMO(Ex)
UNITED STATES OF AMERICA, )
)
Plaintiff,
) CONSENT JUDGMENT OF FORFEITURE
)
v.
)
$192,300.00 IN U.S.
)
CURRENCY,
)
)
Defendant.
)
)
)
)
DARRYL LEVONNE MASON,
)
)
Claimant.
)

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On or about June 10, 2015, Plaintiff United States of

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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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defendant $192,300.00 in U.S. Currency (the “defendant

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currency”) is subject to forfeiture pursuant to 18 U.S.C.

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§ 981(a)(1)(C) and 21 U.S.C. § 881(a)(6).

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Claimant Darryl Levonne Mason (“Claimant”) filed a claim to

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the defendant currency on or about November 9, 2015 and an

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answer to the Complaint for Forfeiture on or about January 28,

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2016.

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for filing claims and answers has expired.

No other parties have appeared in this case and the time

The government and Claimant have now agreed to settle this

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action and to avoid further litigation by entering into this

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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.

The Court has jurisdiction over the subject matter of

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this action and the parties to this Consent Judgment of

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Forfeiture.
2.

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The Complaint for Forfeiture states a claim for relief

pursuant to 18 U.S.C. § 981(a)(1)(C) and 21 U.S.C. § 881(a)(6).

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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 Claimant.

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potential claimants admit the allegations of the Complaint for

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Forfeiture to be true.

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No appearances have been made in the litigation by any

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The Court deems that all other

The sum of $6,000.00 only (without interest) shall be

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returned to Claimant.

The remainder of the defendant currency

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(i.e., $186,300.00), plus the interest earned by the United
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States of America on the defendant currency shall be condemned

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and forfeited to the United States of America, which shall

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dispose of those funds in accordance with law.

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5.

The funds to be returned to Claimant pursuant to

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paragraph 4 above shall be paid to Claimant by electronic

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transfer directly into the client trust account of Claimant’s

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attorney of record in this case.

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of record) shall provide to the United States of America the

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information necessary for the United States of America to

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Claimant (through his attorney

complete the transfer.
6.

Claimant hereby releases 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 Claimant, whether pursuant to 28 U.S.C. § 2465 or

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otherwise.

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7.

The Court finds that there was reasonable cause for

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the seizure of the defendant currency and institution of these

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proceedings.

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

This judgment shall be construed as a certificate

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3

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The Court further finds that Claimant 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: February 17, 2016
/s/__________________
HONORABLE FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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CONSENT
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The parties hereto consent to the above consent judgment of
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forfeiture and waive any right of appeal.
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Dated: February 16, 2016

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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/ 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: February 10, 2016

/s/ Darryl Levonne Mason
DARRYL LEVONNE MASON, Claimant

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DATED: February 16, 2016

/s/ Paul L. Gabbert
PAUL L. GABBERT, ESQ.

_

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Attorney for Claimant
DARRYL LEVONNE MASON

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