United States of America v. Two Motor Vehicles One Motorcycle 219 Various Unopened Bottles of Alcohol and $162,019.86 in Bank Funds

Filing 27

PARTIAL CONSENT JUDGMENT OF FORFEITURE 26 by Judge Christina A. Snyder. IT IS ORDERED, ADJUDGED AND DECREED: All potential claimants to the defendant property other than Claimants are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture. The United States of America shall have judgment as to the defendant bank funds, together with all interest earned by the government on the defendant bank funds since seizure, and the defendant Jeep Wrangler, and no other person or entity shall have any right, title or interest therein. The defendant Dodge Ram shall be returned to Claimant Agadzhayan or her designee in the Central District of California by the United States Secret Service. The defendant alcohol shall be returned to Claimant Gharibi or his designee in the Central District of California by the United States Secret Service. (See attached document for details.) (lom)

1
2
3
4
5
6
7
8
9

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
JENNIFER M. RESNIK
Assistant United States Attorney
Asset Forfeiture Section
California State Bar No. 233634
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]

10
11

Attorneys for Plaintiff
UNITED STATES OF AMERICA

12
13

UNITED STATES DISTRICT COURT

14

FOR THE CENTRAL DISTRICT OF CALIFORNIA

15

WESTERN DIVISION

16
17

UNITED STATES OF AMERICA
Plaintiff,

18

[PROPOSED]
v.

19
20
21

CV No. 15-5221-CAS (RAO)

PARTIAL CONSENT JUDGMENT OF
FORFEITURE

TWO MOTOR VEHICLES, ONE
MOTORCYCLE, 219 VARIOUS UNOPENED
BOTTLES OF ALCOHOL, AND
$162,019.86 IN BANK FUNDS,

22

Defendants.

23

VAROUGH GHARIBI AND NANUSH
AGADZHAYAN

24

Claimants.

25
26

/ / /

27

/ / /

28
1

1

This action was filed on July 10, 2015, against the

2

following assets (collectively the “defendant property”): (i)

3

one 2010 Jeep Wrangler bearing Vehicle Identification Number

4

(VIN) 1J4BA3H16ALL113210 (the “defendant Jeep Wrangler”); (ii)

5

one 2011 Dodge Ram truck bearing VIN 1D7RV1CT6BS505767 (the

6

“defendant Dodge Ram”); (iii) one 2009 CanAm Spyder motorcycle

7

bearing VIN 2BXJACA199V000311 (the “defendant Spyder”); (iv) 219

8

various unopened bottles of alcohol seized on November 18, 2014

9

(the “defendant alcohol”);

and (v) $162,019.86 in bank funds

10

seized on or about April 1, 2015, from a Wells Fargo Bank

11

account with account number ending in 0792 (the “defendant bank

12

funds”).

13

Claimant Varough Gharibi (“Gharibi”) filed the only claim to the

14

defendant Jeep Wrangler, the defendant alcohol and the defendant

15

bank funds.

16

only claim to the defendant Dodge Ram.

17

interest or answers have been filed, and the time for filing

18

such statements of interest and answers has expired.

19

and Claimants have reached an agreement that is partially

20

dispositive of the action.

21

Court enter this Consent Judgment of Forfeiture.

Notice was given and published in accordance with law.

Claimant Nanush Agadzhayan (“Agadzhayan”) filed the
No other statements of

Plaintiff

The parties have requested that the

22

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

23

A.

24
25
26
27

This Court has jurisdiction over this action pursuant

to 28 U.S.C. §§ 1345 and 1355 and over the parties hereto.
B.

The Complaint for Forfeiture states a claim for relief

pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 984.
C.

Notice of this action has been given in accordance

28
2

1

with law.

2

other than Claimants are deemed to have admitted the allegations

3

of the Complaint.

4

sufficient to establish a basis for forfeiture.

5
6
7

D.

All potential claimants to the defendant property

The allegations set out in the Complaint are

The United States of America shall have judgment as to

the defendant bank funds, together with all interest earned by
the government on the defendant bank funds since seizure, and

8
the defendant Jeep Wrangler, and no other person or entity shall
9
have any right, title or interest therein.
10
E.

The defendant Dodge Ram shall be returned to Claimant

11
12
13
14
15
16

Agadzhayan or her designee in the Central District of California
by the United States Secret Service. The defendant alcohol shall
be returned to Claimant Gharibi or his designee in the Central
District of California by the United States Secret Service.
F.

Claimants have released the United States of America,

17

its agencies, agents, and officers, including employees and

18

agents of the United States Secret Service, from any and all

19

claims, actions or liabilities arising out of or related to this

20

action, including, without limitation, any claim for attorney’s

21

fees, costs or interest which may be asserted on behalf of

22

Claimants Agadzhayan and/or Gharibi, whether pursuant to 28

23

U.S.C. § 2465 or otherwise.

24

intended as, nor should anything in this consent judgment be

25
26

Nothing in this consent judgment is

interpreted as an admission by Claimants of any liability or
wrongdoing.

27
G.

The court finds that there was reasonable cause for

28
3

1

the seizure of the defendant property and institution of these

2

proceedings.

3

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

This judgment shall be construed as a certificate

4
5

Dated: October 28, 2015_
THE HONORABLE CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE

6
7
8

Approved as to form and content:
DATED: October 27, 2015

9
10
11
12

EILEEN M. DECKER
United States Attorney
LAWRENCE M. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
/S/

13

JENNIFER M. RESNIK
Assistant United States Attorney

14
15

Attorneys for Plaintiff
UNITED STATES OF AMERICA

16
17

/S/

18
DATED: October 23, 2015
19
20

CHRISTINA S. SARKISS, Esq.
Attorney for Claimants
Varough Gharibi and Nanush
Agadzhayan

21
22
23
24
25
26
27
28
4