United States of America v. 129,380.00 in U.S. Currency

Filing 33

CONSENT JUDGMENT OF FORFEITURE by Judge Philip S. Gutierrez: The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND DECREES: The following defendant currency shall be returned to Claimant as follows: $64,690.00, without interest. The following currency 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: $64,690.00. (see document for further details) (MD JS-6. Case Terminated ) (bm)

E-FILED 2/12/18

1
2

JS-6

3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION
11
12

UNITED STATES OF AMERICA,
Plaintiff,

13
14
15

vs.
$129,380.00 IN U.S. CURRENCY.

16

Defendant.
17

)
) NO. CV 16-9397-PSG (GJSx)
)
)
) [PROPOSED] CONSENT JUDGMENT OF
) FORFEITURE
)
)
)
)
)
)
)

18
19

Plaintiff and Claimant Rayshawn Darnell Reed (“Claimant”)
20

have made a stipulated request for the entry of this Consent
21

Judgment, resolving this action in its entirety.

The defendant

22

currency was seized from Claimant, and he asserts an interest in
23

the defendant currency and has filed a claim and answer to the
24

complaint.

No other claims or answers were filed, and the time

25

for filing claims and answers has expired.
26
27
28
1

1

The Court, having considered the stipulation of the

2

parties, and good cause appearing therefor, HEREBY ORDERS

3

ADJUDGES AND DECREES:

4

1.

The government has given and published notice of this

5

action as required by law, including Rule G of the Supplemental

6

Rules for Admiralty or Maritime Claims and Asset Forfeiture

7

Actions, Federal Rules of Civil Procedure, and the Local Rules

8

of this Court.

9

the forfeiture of the defendant currency.

Claimant has filed a claim and answer to contest
No other claims were

10

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

11

This Court has jurisdiction over the parties to this judgment

12

and the defendant currency.

13

defendant currency other than Claimant are deemed to have

14

admitted the allegations of the complaint with respect to the

15

defendant currency.

16
17

2.

The following defendant currency shall be returned to

Claimant as follows:
a.

18
19

Any potential claimants to the

$64,690.00, without interest.

The United States shall return the above-listed currency in

20

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

21

this Consent Judgment and (b) Claimant provides to the

22

government the bank routing and personal identifiers needed to

23

effect a wire transfer of any returned funds, whichever is

24

later.

25

check, the check will be payable to “Gurovich, Berk &

26

Associates, Attorney Client Trust Account,” and mailed to

27

Rayshawn Darnell Reed, in care of his attorney, Elon Berk, Esq.

28

at Gurovich, Berk & and Associates APC, 15250 Ventura Blvd.,

If the United States elects to make the payment by

2

1

Suite 1220, Sherman Oaks, CA 91403.

2

to make the payment by wire transfer, the funds will be wire

3

transferred to “Gurovich, Berk & Associates Attorney Client

4

Trust Account.”

5

3.

If the United States elects

The following currency shall be forfeited to the United

6

States, and no other right, title or interest shall exist

7

therein.

8

according to law:
a.

9
10

The Government shall dispose of the following

4.

$64,690.00.

Claimant has agreed to release the United States of

11

America, its agencies, agents, and officers, including employees

12

and agents of the Drug Enforcement Administration, as well as

13

all agents, officers, employees and representatives of any state

14

or local government or law enforcement agency involved in the

15

investigation or prosecution of this matter, from any and all

16

claims, actions or liabilities arising out of or related to the

17

seizure and retention of the defendant currency and/or the

18

commencement of this civil forfeiture action, including, without

19

limitation, any claim for attorneys’ fees, costs or interest

20

which may be asserted on behalf of Claimant against the United

21

States, whether pursuant to 28 U.S.C. § 2465 or otherwise.

22

Claimant has waived any rights he may have to seek remission or

23

mitigation of the forfeiture.

24

5.

The court finds that there was reasonable cause for the

25

seizure of the defendant currency and the institution of this

26

action as to the defendant currency.

27

a certificate of reasonable cause pursuant to 28 U.S.C. § 2465

28

as to the defendant currency.
3

This judgment constitutes

1

6.

Each of the parties shall bear its own fees and costs

2

in connection with the seizure, retention and return of the

3

defendant currency.

4
5

DATED:

02/09

, 2018

6

__________________________________
THE HONORABLE PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE

7
8

Prepared by:

9

NICOLA T. HANNA
United States Attorney
LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

10
11
12
13
14
15

/s/ Jonathan Galatzan
JONATHAN GALATZAN

16
17

Assistant United States Attorney
Asset Forfeiture Section

18
19
20
21
22
23
24
25
26
27
28
4