United States of America v. Real Property Located In Brentwood, California, Twynham

Filing 81

CONSENT JUDGMENT OF FORFEITURE by Judge R. Gary Klausner Related to: Stipulation for Judgment #80 . See order for specifics. ( MD JS-6. Case Terminated ) (ah)

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
JONATHAN GALATZAN
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 190414
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

10
11

Attorneys for Plaintiff
UNITED STATES OF AMERICA

12

UNITED STATES DISTRICT COURT

13

FOR THE CENTRAL DISTRICT OF CALIFORNIA

14
15
16
17
18
19
20
21
22

UNITED STATES OF AMERICA,
Plaintiff,

No. CV 15-6794 RGK(AJWx)
CONSENT JUDGMENT OF FORFEITURE

v.
REAL PROPERTY LOCATED IN
BRENTWOOD, CALIFORNIA
(TWYNHAM), ET AL.,
Defendants.
____________________________
BRADLEY TWYNHAM AND MARIEL
TWYNHAM,
Claimants

23
24
25
26
27
28

Plaintiff and Claimants Bradley Martin Lewis Twynham and Mariel
Twynham (“Claimants”) have made a stipulated request for the entry of
this Consent Judgment, resolving this action in its entirety.

The

defendant assets were seized from Claimants, and they assert an
interest in the defendant assets and have filed claims in this case

1

and have answered the complaint.

2

filed, and the time for filing claims and answers has expired.

3
4
5
6
7
8

No other claims or answers were

The Court, having considered the stipulation of the parties, and
good cause appearing therefor, HEREBY ORDERS ADJUDGES AND DECREES:
1.

The government has given and published notice of this

action as required by law, including Rule G of the Supplemental Rules
for Admiralty or Maritime Claims and Asset Forfeiture Actions,
Federal Rules of Civil Procedure, and the Local Rules of this Court.
Claimants have filed claims and answers to contest the forfeiture of

9
the defendant assets.

No other claims were filed, and the time for

10
filing claims and answers has expired.

This Court has jurisdiction

11
over the parties to this judgment and the defendant assets.
12
13
14

Any

potential claimants to the defendant assets other than Claimants are
deemed to have admitted the allegations of the complaint with respect
to the defendant assets. Nothing in this consent judgment is intended

15

or should be interpreted as an admission of wrongdoing by Claimants

16

Bradley Martin Lewis Twynham or Mariel Twynham, nor can this consent

17

judgment be admissible in any criminal proceeding against the

18

Claimants to prove any of the facts relied upon to establish

19

reasonable cause for the seizure of the defendant assets.

20
21
22

2.

The following shall be returned to Claimant Mariel Twynham

as follows:
a.

$413,158.37.

23

The United States shall return the above-listed asset in

24

Paragraph 2 not later than 45 days after (a) the court enters this

25
26

Consent Judgment and (b) Claimants provide to the government the bank
routing and personal identifiers needed to effect a wire transfer of
any returned funds, whichever is later.

If the United States elects

27
to make the payment by check, the check will be payable to “Nyman
28

1

Gibson Miralis Trust Account,” and mailed to Mariel Twynham, in care

2

of her attorney, Dennis Miralis, Nyman Gibson Miralis, Level 9, 299

3

Elizabeth Street, Sydney, NSW2000 Australia, P.O. Box 21147 World

4

Square NSW2002 Australia.

5

payment by wire transfer, the funds will be wire transferred to an

6

“Nyman Gibson Miralis Client Trust Account.”
3.

7
8

If the United States elects to make the

The following shall be forfeited to the United States, and

no other right, title or interest shall exist therein.

The

Government shall dispose of the following according to law:
9
a.

$413,158.37.

10
4.

Claimants have agreed to release the United States of

11
America, its agencies, agents, and officers, including employees and
12
13
14

agents of the Federal Bureau of Investigation, as well as all agents,
officers, employees and representatives of any state or local
government or law enforcement agency involved in the investigation or

15

prosecution of this matter, from any and all claims, actions or

16

liabilities arising out of or related to the seizure and retention of

17

the defendant assets and/or the commencement of this civil forfeiture

18

action, including, without limitation, any claim for attorneys’ fees,

19

costs or interest which may be asserted on behalf of Claimants

20

against the United States, whether pursuant to 28 U.S.C. § 2465 or

21

otherwise.

22

remission or mitigation of the forfeiture.
5.

23
24
25
26

The court finds that there was reasonable cause for the

seizure of the defendant assets and the institution of this action as
to the defendant assets.

This judgment constitutes a certificate of

reasonable cause pursuant to 28 U.S.C. § 2465 as to the defendant
assets.

27
//
28

Claimants have waived any rights they may have to seek

1

6.

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

2

connection with the seizure, retention and return of the defendant

3

assets.

4
5

DATED: January 3, 2017

6

________________________________________
THE HONORABLE R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14

Prepared by:
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
/s/ Jonathan Galatzan
JONATHAN GALATZAN

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Assistant United States Attorney
Asset Forfeiture Section