United States of America v. Fahim Shah et al

Filing 32

CONSENT JUDGMENT 31 by Judge S. James Otero: Judgment entered in favor of United States of America against Fahim Shah for $1,142,215.87. This amountincludes $961,140.30 in principal and $181,075.57 in accrued interest as of August 23,2016. Each party will bear its own legal and other costs. ( MD JS-6. Case Terminated ) (lc)

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EILEEN M. DECKER
United States Attorney
DOROTHY A. SCHOUTEN
Assistant United States Attorney
Chief, Civil Division
INDIRA J. CAMERON-BANKS
Assistant United States Attorney
Chief, Financial Litigation Section
ZORAN J. SEGINA
Assistant United States Attorney (Cal. Bar No. 129676)
Assistant United States Attorney
Federal Building, Suite 7516
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
United States of America

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JS-6

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. CV 15-8857-SJO (AFMx)

v.

CONSENT JUDGMENT [31]

18 FAHIM SHAH, an individual; FIROZ
LOKHANDWALA, an individual,
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Defendants.

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The Court, having reviewed the Stipulation for Entry of Consent Judgment by and

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between Plaintiff United States of America and Defendant Fahim Shah (“Defendant”),

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and good cause existing therefor,

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IT IS HEREBY ORDERED ADJUDICATED AND DECREED:

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1.

This Court has subject matter jurisdiction over this civil action, and

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personal jurisdiction over Defendant, who waives any and all objections to the Court’s

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jurisdiction.

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2.

Defendant admits to all factual allegations set forth in the Complaint.

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3.

Judgment shall enter against Defendant for $1,142,215.87. This amount

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includes $961,140.30 in principal and $181,075.57 in accrued interest as of August 23,

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2016.

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4.

Payment Provision: Beginning on or before October 1, 2016, Defendant

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shall make a payment of $50,000.00 toward the balance of $1,142,215.87. Thereafter,

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Defendant shall pay $2,000.00 in monthly installments, paid on or by the first day of

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every month, until the judgment is paid in full.

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Defendant shall make payments at https://www.pay.gov to the U.S. Department of

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Justice account, in accordance with instructions provided to Defendant by the Financial

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Litigation Section of the United States Attorney’s Office for the Central District of

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California. Defendant shall make payments on the first day of every month. A payment

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is considered delinquent if it is more than fifteen (15) days late.

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5.

Default Provision: If Defendant’s monthly payments are delinquent on

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three or more months in any consecutive, twelve-month period, Plaintiff may, in its sole

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discretion and without the obligation to seek authorization from the Court, initiate

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enforcement action(s) against Defendant to collect payments on this judgment.

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6.

Defendant waives any judicial challenge to the Plaintiff’s decision to act

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under the Default Provisions, except Defendant will retain the right to make a judicial

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challenge based solely upon evidence that Defendant was not delinquent on three or

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more months in any consecutive twelve-month period. Defendant will provide written
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notice, with documentary evidence and a declaration, evidencing the fact that Defendant

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was not delinquent on three or more months in any consecutive twelve-month period to

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the United States at least five (5) court days prior to filing any judicial challenge.

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Plaintiff will record this judgment pursuant to 28 U.S.C. § 3201, against

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Defendant. Plaintiff agrees to take no additional action to enforce this judgment unless

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Defendant is delinquent on three or more months in any twelve-month period.

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8.

Defendant will not be subject to any prepayment penalties.

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9.

Defendant shall provide Plaintiff with a current financial statement and tax

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returns beginning on October 30, 2017, and on October 30th of each year thereafter.

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Defendant shall also provide Plaintiff with written notification of any material change to

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his financial condition, employment, residence, or telephone number within ten (10)

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days of such change.

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10.

If Defendant commences any case, proceeding, or other action under any

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law relating to bankruptcy or for relief from debts, Defendant will not argue, contend or

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otherwise take the position that Defendant’s obligations under the stipulated consent

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judgment may or should be avoided. Additionally, Defendant will not challenge, in such

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proceeding, Plaintiff’s right to file a proof of claim the balance due and owing at the time

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of the filing of such case, proceeding or other action, inclusive of any post-judgment

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accruals of interest, fees and penalties.

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Each party will bear its own legal and other costs incurred in connection

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with this matter.

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Dated: September 22, 2016

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S. JAMES OTERO

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UNITED STATES DISTRICT JUDGE

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Presented by:

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EILEEN M. DECKER
United States Attorney
DOROTHY A. SCHOUTEN
Assistant United States Attorney
Chief, Civil Division
INDIRA J. CAMERON-BANKS
Assistant United States Attorney
Chief, Financial Litigation Section

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/s/ Zoran J. Segina______
ZORAN J. SEGINA
Assistant United States Attorney
Attorneys for Plaintiff

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