United States of America v. $25,000.00 in U.S. Currency

Filing 29

CONSENT JUDGMENT by Judge Philip S. Gutierrez: The Court has been duly advised of and has considered the matter. Based upon the mutual consent of the parties hereto and good cause appearing therefor, the Court hereby ORDERS, ADJUDGES AND DECREES that $21,000.00 of the defendant currency plus all interest earned on the entirety of the defendant currency since seizure, is hereby forfeited to the United States, and no other right, title or interest shall exist therein. The remaining � 36;4,000.00 of the defendant currency, without any interest, shall be returned to the Claimants as follows: The funds shall be made payable via ACH deposit to the Claimants' attorney, Jacek W. Lentz, Esq., The Lentz Law Firm, P.C., 1055 Wilsh ire Boulevard, Suite 1996, Los Angeles, California 90017. The Court finds that there was reasonable cause for the seizure of the defendant currency and the institution of this action. This consent judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. Each of the parties shall bear its own fees and costs in connection with the seizure, retention and return of the defendant currency. (MD JS-6. Case Terminated) (bm)

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1 2 3 4 5 6 7 8 9 10 11 E-FILED 5/10/16 EILEEN M. DECKER JS-6 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: (213) 894-6968 Facsimile: (213) 894-7177 E-mail: Yasin.Mohammad@usdoj.gov 12 13 14 15 Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 26 27 28 WESTERN DIVISION UNITED STATES OF AMERICA, ) No.: 15-05917-PSG (ASx) ) Plaintiff, ) ) [PROPOSED] vs. ) ) CONSENT JUDGMENT $25,000.00 IN U.S. CURRENCY ) ) Defendant. ) _______________________________ ) ) HYONG YUN HEO, STEVEN YUN SO ) HEO, THINH TONY NGUYEN, AND IN ) SIL HEO, ) ) Claimants. ) 1 Plaintiff United States of America (“the government”) and 2 claimants Hyong Yun Heo, Steven Yun So Heo, Thinh Tony Nguyen, 3 and In Sil Heo (jointly, the “Claimants”) have entered into a 4 stipulated request for the entry of this consent judgment of 5 forfeiture resolving all interests Claimants may have had in the 6 defendant asset, $25,000.00 in U.S. currency (“defendant 7 currency”), consisting of $8,500.00 seized from Steven Yun Soo 8 Heo, $8,000.00 seized from Thinh Tony Nguyen, and $8,500.00 9 seized from Hyong Yun Heo). The civil forfeiture action captioned above was commenced 10 11 on August 5, 2015. Notice was given and published according to 12 law. 13 (Dkt No. 12), and an answer on December 18, 2015 (Dkt. No. 20). 14 Claimant Steven Yun Heo filed a claim on November 16, 2015 (Dkt. 15 No. 14), and an answer on December 18, 2015 (Dkt. No. 21). 16 Claimant Thinh Tony Nguyen filed a claim on November 16, 2015 17 (Dkt. No. 15), and an answer on December 18, 2015 (Dkt. No. 22). 18 Claimant In Sil Heo filed a claim on November 16, 2015 (Dkt. No. 19 16), and an answer on December 18, 2015 (Dkt. No. 19). 20 claims or answers were filed and the time for filing claims and 21 answers has expired. Claimant Hyong Yun Heo filed a claim on November 16, 2015 22 23 /// 24 25 /// 26 27 28 2 No other 1 The Court has been duly advised of and has considered the 2 matter. Based upon the mutual consent of the parties hereto and 3 good cause appearing therefor, the Court hereby ORDERS, ADJUDGES 4 AND DECREES that $21,000.00 of the defendant currency plus all 5 interest earned on the entirety of the defendant currency since 6 seizure, is hereby forfeited to the United States, and no other 7 right, title or interest shall exist therein. 8 $4,000.00 of the defendant currency, without any interest, shall 9 be returned to the Claimants as follows: The remaining The funds shall be 10 made payable via ACH deposit to the Claimants’ attorney, Jacek 11 W. Lentz, Esq., The Lentz Law Firm, P.C., 1055 Wilshire 12 Boulevard, Suite 1996, Los Angeles, California 90017. 13 14 15 /// 16 17 18 /// 19 20 21 /// 22 23 24 25 26 27 28 3 1 The Court finds that there was reasonable cause for the 2 seizure of the defendant currency and the institution of this 3 action. 4 certificate of reasonable cause pursuant to 28 U.S.C. § 2465. 5 Each of the parties shall bear its own fees and costs in 6 connection with the seizure, retention and return of the 7 defendant currency. This consent judgment shall be construed as a 8 9 DATED: 5/9 _____ , 2016 HONORABLE PHILIP S. GUTIERREZ UNITED STATES DISTRICT JUDGE 10 11 12 13 Presented by: 14 15 16 17 18 19 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 20 21 22 /s/ Yasin Mohammad YASIN MOHAMMAD Assistant United States Attorney 23 24 Attorney for Plaintiff UNITED STATES OF AMERICA 25 26 27 28 4

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