United States of America v. $147,862.00 in U.S. Currency

Filing 24

CONSENT JUDGMENT by Judge John F. Walter. IT IS ORDERED, ADJUDGED AND DECREED: That $10,000.00 of the defendant currency shall be returned to Ruiz withoutinterest and shall be paid to Ruiz no later than sixty 60 days of the date this Judgment. United States of America shall have judgment as to the remaining $137,862 of the defendant currency, together with all interest earned by the government on the full amount of the defendant currency since seizure, and no other person or entity s hall have any right, title or interest therein. Ruiz agrees to waive any and all attorney fees and costs, and waives any rights he may have to petition for remission or mitigation of any portion of the forfeited funds. (MD JS-6. Case Terminated.) (jp)

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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 #310120)
Assistant United States Attorney
Asset Forfeiture Section
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]

JS-6

Attorneys for Plaintiff
UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

No. CV 16-05062-JFW (SSx)

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$147,862.00 IN U.S. CURRENCY,

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CONSENT JUDGMENT

Defendant.

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JASON VILLAMAR RUIZ,
Claimant.

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This action was filed on March 29, 2016 against the defendant $147,862.00 in
U.S. Currency (“defendant currency”). Jason Villamar Ruiz (“Ruiz”) filed a claim and
answer on July 4, 2016. No person other than Ruiz is believed to have an interest
therein. Notice has been given and published in accordance with law. No other claims
or answers have been filed, and the time for filing claims and answers has expired.
Plaintiff United States of America and Ruiz have reached an agreement that is

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dispositive of the action and have requested that this consent judgment be entered.

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Nothing in this consent judgment is intended or should be interpreted as an admission of

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wrongdoing by Ruiz.

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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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A.

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and 1355 and over the parties hereto.

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This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345

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The Complaint for Forfeiture states a claim for relief pursuant to 21 U.S.C.

§ 881(a)(6).

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C.

Notice of this action has been given in accordance with law. All potential

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claimants to the defendant currency other than Ruiz are deemed to have admitted the

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allegations of the Complaint. The allegations set out in the Complaint are sufficient to

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establish a basis for forfeiture.

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D.

$10,000.00 of the defendant currency shall be returned to Ruiz without

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interest and shall be paid to Ruiz no later than sixty 60 days of the date this Judgment is

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entered or the date Ruiz provides the information described below, whichever is later. If

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the United States elects to make the payment by check, the check will be payable to

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“David M. Dudley, Client Trust Account.” If the United States elects to make the

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payment by wire transfer, the funds will be wire transferred to David M. Dudley, Client

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Trust Account. Ruiz agrees to provide the necessary bank account information and

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personal identifiers for Mr. Dudley’s trust account upon request from the United States.

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E.

The United States of America shall have judgment as to the remaining

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$137,862 of the defendant currency, together with all interest earned by the government

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on the full amount of the defendant currency since seizure, and no other person or entity

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shall have any right, title or interest therein.

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F.

Ruiz agrees to waive any and all attorney fees and costs, and waives any

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rights he may have to petition for remission or mitigation of any portion of the forfeited

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funds.

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G.

Ruiz has released the United States of America, its agencies, agents,

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officers, employees and representatives, including, without limitation, all agents,

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officers, employees and representatives of the Drug Enforcement Administration and the

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Department of Justice and their respective agencies, as well as all agents, officers,

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employees and representatives of any state or local governmental or law enforcement

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agency involved in the investigation or prosecution of this matter, from any and all

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claims (including, without limitation, any petitions for remission, which Ruiz hereby

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withdraws), actions or liabilities arising out of or related to this action, including,

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without limitation, any claim for attorney fees, costs and interest, which may be asserted

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by or on behalf of Ruiz, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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///
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H.

The Court finds that there was reasonable cause for the institution of these

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proceedings. This Judgment shall be construed as a certificate of reasonable cause

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pursuant to 28 U.S.C. § 2465.

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Dated: October 18, 2016

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_____________________________________
THE HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

Approved as to form and content:

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DATED: October 11, 2016

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/s/
CHRISTEN A. SPROULE
Assistant United States Attorney

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Attorneys for Plaintiff
United States of America

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DATED: October 7, 2016

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/s/
DAVID M. DUDLEY, ESQ.
Attorney for Claimant
JASON VILLAMAR RUIZ

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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

DATED: October 4, 2016

/s/
JASON VILLAMAR RUIZ
Claimant

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