United States of America v. 819,640.00 In U.S. Currency

Filing 49

CONSENT JUDGMENT OF FORFEITURE 47 by Judge Fernando M. Olguin. All potential claimants to the defendant $819,649.00 in U.S. Currency other than Sillas are deemed to have admitted the allegations of the Complaint. $219,640.00 of the def endant currency, without interest, shall be returned to Sillas through his counsel. The government shall have judgment as to the remaining $600,000.00 of the defendant currency, and no other person or entity shall have any right, title or interest therein. (MD JS-6, Case Terminated). (iv)

FILED

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CLERK, U.S. DISTRICT COURT

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AUG 24 2018

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CENTRAL DISTRICT OF CALIFORNIA

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BY: ___________________ DEPUTY
vdr

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JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
vs.
$819,649.00 IN U.S. CURRENCY,

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----------------[PROPOSED]
CONSENT JUDGMENT
OF FORFEITURE

Defendant.
_____________________________
MIGUEL SILLAS

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NO. CV 17-00269-FMO (AFMx)

Claimant.
Plaintiff United States of America, and Claimant Miguel Sillas (“Sillas”), have
made a stipulated request for the entry of this Consent Judgment, resolving this
action in its entirety.
The Court, having considered the stipulation and request of the parties, and
good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES:
1.

This Court has jurisdiction over Plaintiff, the Defendant, Claimant and

the subject matter of this action.
2.

The government has given and published notice of this action as required

by law, including Supplemental Rule G for Admiralty or Maritime Claims and Asset
Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this

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Court. All potential claimants to the defendant $819,649.00 in U.S. Currency

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(“defendant currency”) other than Sillas are deemed to have admitted the allegations

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of the Complaint. Nothing in this consent judgment is intended or should be

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interpreted as an admission of wrongdoing by Claimant, nor should this consent

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judgment be admitted in any criminal proceeding against Claimant to prove any of the

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facts relied upon to establish reasonable cause for the seizure of the defendant funds.

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The allegations set forth in the Complaint are sufficient to establish a basis for

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forfeiture.

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3.

$219,640.00 of the defendant currency, without interest, shall be returned

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to Sillas through his counsel. The United States Marshals Service shall release said

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funds by wire transfer to Sillas’ counsel, who shall provide the information and

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complete all documents requested by the United States to facilitate such payment,

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including bank account and routing information and personal identifiers needed to

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determine any right to offset pursuant to 31 U.S.C. § 3716.
4.

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The United States Marshals Service shall make the payment within 60

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days of the entry of this judgment or its receipt of the information described above,

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whichever is later, and will endeavor to make the payment within 30 days of the entry

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of this judgment or its receipt of the information above, whichever is later.
5.

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The government shall have judgment as to the remaining $600,000.00 of

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the defendant currency, and no other person or entity shall have any right, title or

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interest therein. The government shall dispose of said asset in accordance with law.
6.

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The Court finds that there was reasonable cause for the seizure of the

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defendant currency and institution of this action. This consent judgment shall be

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

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///

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///

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7.

Each of the parties shall bear its own fees and costs in connection with

the seizure of the defendant currency and this action.
IT IS SO ORDERED.
Dated: August 24, 2018

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Approved as to form and content:
DATED: August ___, 2018

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Attorneys for Plaintiff
United
America
t
United States of Am

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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
/s/
MICHAEL R. SEW HOY
Assistant United States Attorney

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/s/
______________________________________
THE HONORABLE FERNANDO G. OLGUIN
UNITED STATES DISTRICT JUDGE

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Dated: August ___, 2018
JAMES W. SPER
JAMES W SPERTUS
Attorney for Claimant
Miguel Sillas