United States of America v. $69,880.00 in U.S. Currency

Filing 14

CONSENT JUDGMENT by Judge Otis D. Wright, II : $59,880.00 of the defendant currency, plus all interest earned on the entirety of the defendant currency since seizure, shall be and hereby is forfeited to the UnitedStates of America, which shall dispose of $59,880.00 of the defendant currency in the manner required by law. E. $10,000.00 of the defendant currency, without interest, shall be returned to the claimant, Rudas.( MD JS-6. Case Terminated ) (lc)

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1 2 3 4 5 6 7 8 9 10 11 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 CHRISTEN A. SPROULE (Cal. Bar No. 310120) Assistant United States Attorney Asset Forfeiture Section 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-4493 Facsimile: (213) 894-7177 E-mail: Christen.A.Sproule@usdoj.gov Attorneys for Plaintiff UNITED STATES OF AMERICA 12 UNITED STATES DISTRICT COURT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 UNITED STATES OF AMERICA, 16 Plaintiff, 17 No. CV 16-3516-ODW v. 18 19 CONSENT JUDGMENT $69,880.00 IN U.S. CURRENCY Defendant. 20 21 22 This action was filed on May 20, 2016 against the defendant $69,880.00 in U.S. 23 Currency (“defendant currency”). Jessica Rudas (“Rudas”), from whom the defendant 24 currency was seized, claims an interest in the defendant currency, but has not filed a 25 claim and answer to the complaint. No person other than Rudas is believed to have an 26 interest therein. Notice has been given and published in accordance with the law. No 27 other claims or answers have been filed, and the time for filing claims and answers has 28 expired. Plaintiff United States of America and Rudas have reached an agreement that is 1 dispositive of the action, and have requested that this consent judgment be entered. 2 Nothing in this consent judgment is intended or should be interpreted as an admission of 3 wrongdoing by Rudas. 4 WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 5 A. 6 7 8 9 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 21 U.S.C. § 881(a)(6). C. Notice of this action has been given in accordance with law. All potential 10 claimants to the defendant currency other than Rudas are deemed to have admitted the 11 allegations of the Complaint. The allegations set out in the complaint are sufficient to 12 establish a basis for forfeiture. 13 D. $59,880.00 of the defendant currency, plus all interest earned on the entirety 14 of the defendant currency since seizure, shall be and hereby is forfeited to the United 15 States of America, which shall dispose of $59,880.00 of the defendant currency in the 16 manner required by law. 17 18 19 E. $10,000.00 of the defendant currency, without interest, shall be returned to the claimant, Rudas. F. The funds to be returned to Rudas shall, at the government’s option, be 20 returned by either check or wire transfer within 60 days of the date this Judgment is 21 entered. If the United States elects to make the payment by check, the check will be 22 payable to “The Law Offices of Bruce Margolin client trust account,” and mailed to 23 Jessica Rudas, in care of her attorney, Bruce Margolin, Esq., 8749 Holloway Drive, West 24 Hollywood, California 90069. If the United States elects to make the payment by wire 25 transfer, the funds will be wire transferred to a bank account designated by Rudas. 26 Rudas shall provide the necessary bank account information and personal identifiers 27 upon request from the United States. 28 2 1 G. Rudas has released the United States of America, its agencies, agents, 2 officers, employees and representatives, including, without limitation, all agents, 3 officers, employees and representatives of the Drug Enforcement Administration and the 4 Department of Justice and their respective agencies, as well as all agents, officers, 5 employees and representatives of any state or local governmental or law enforcement 6 agency involved in the investigation or prosecution of this matter, from any and all 7 claims, actions or liabilities arising out of or related to this action, including, without 8 limitation, any claim for attorney fees, costs and interest, which may be asserted by or on 9 behalf of potential claimant Jessica Rudas, whether pursuant to 28 U.S.C. § 2465 or 10 otherwise. Rudas waives any rights she may have to seek remission of the forfeiture 11 ordered herein. 12 The Court finds that there was reasonable cause for the institution of these 13 /// 14 /// 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 proceedings. This Judgment shall be construed as a certificate of reasonable cause 2 pursuant to 28 U.S.C. § 2465. 3 4 Dated: _June 28, 2016_ 5 _____________________________________ THE HONORABLE OTIS D. WRIGHT II UNITED STATES DISTRICT JUDGE 6 7 8 Approved as to form and content: DATED: June , 2016 9 10 11 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 12 13 CHRISTEN A. SPROULE Assistant United States Attorney 14 Attorneys for Plaintiff United States of America 15 16 17 DATED: June , 2016 BRUCE M. MARGOLIN, ESQ. Attorney for Claimant JESSICA RUDAS 18 19 20 21 DATED: June , 2016 JESSICA RUDAS Claimant 22 23 24 25 26 27 28 4

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