United States of America v. 383,365.70 In Bank Funds et al

Filing 30

CONSENT JUDGMENT OF FORFEITURE by Judge George H. Wu in favor of United States of America against 34,860.00 In U.S. Currency, 383,365.70 In Bank Funds in the principal amount of $418,225.70, interest in the amount of $0.00, attorneys fees of $0.00, costs of $0.00 for a total judgment of $418,225.70. ( MD JS-6. Case Terminated ) (mrgo)

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JS-6 1 2 3 4 5 6 7 8 9 10 11 12 13 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 KATHARINE SCHONBACHLER (CBN: 222875) Assistant United States Attorney Asset Forfeiture Section 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-3172 Facsimile: (213) 894-7177 E-mail: Katie.Schonbachler@usdoj.gov Attorneys for Plaintiff UNITED STATES OF AMERICA 14 15 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. No. CV 15-7554-GW (GJSx) CONSENT JUDGMENT OF FORFEITURE $383,365.70 IN BANK FUNDS AND $34,860.00 IN U.S. CURRENCY, Defendants. 23 24 25 HEE SUN SHIM AND IL SOON LEE, Claimants. 26 27 28 This civil forfeiture action was commenced on September 25, 2015 against the defendants $383,365.70 in bank funds and $34,860.00 in U.S. Currency. Hee Sun Shim 1 and Il Soon Lee (collectively referred to as “Claimants”) filed a claim of interest in the 2 defendants on November 6, 2015. Shim claimed an interest in all of the defendants and 3 Lee claimed an interest in all defendants except Lee did not claim $276,175.50 of the 4 defendant bank funds which were seized from Uniti Bank account ending in 2784. 5 No other parties have appeared in this case and the time for filing claims of 6 interest and answers has expired. Plaintiff United States of America and Claimants have 7 reached an agreement that is dispositive of the action. The parties hereby request that 8 the Court enter this Consent Judgment of Forfeiture. WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 9 10 This Court has jurisdiction over the parties and the subject matter of this action. 11 Notice of this action has been given in accordance with law. All potential 12 claimants to the defendants, other than Claimants, are deemed to have admitted the 13 allegations of the Complaint. The allegations set out in the Complaint are sufficient to 14 establish a basis for forfeiture. 15 The United States of America shall have judgment as to $383,365.70 in bank 16 funds and $34,860.00 in U.S. currency and all interest earned on the entirety of the 17 defendants since seizure, and no other person or entity shall have any right, title or 18 interest therein. The United States is ordered to dispose of said funds in accordance with 19 law. 20 Claimants agree to release the United States of America, its agencies, agents, and 21 officers, including employees, officers and agents of the Department of Homeland 22 Security from any and all claims, actions or liabilities arising out of or related to this 23 action or the underlying seizures, including, without limitation, any claim for attorney’s 24 fees, costs or interest which may be asserted on behalf of Claimants, whether pursuant to 25 28 U.S.C. § 2465 or otherwise. If Claimants submitted petitions for remission to any of 26 the defendants in any proceedings, Claimants hereby stipulate to withdraw the petitions, 27 and waive any rights they may have to seek remission or mitigation of the forfeiture of 28 the defendants. 2 1 The Court finds that there was reasonable cause for the seizure of the defendants 2 and institution of these proceedings. This judgment shall be construed as a certificate of 3 reasonable cause pursuant to 28 U.S.C. § 2465. 4 5 6 Dated: February 13, 2017 GEORGE H. WU, U.S. District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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