United States of America v. 146,780.00 In U.S. Currency

Filing 51

CONSENT JUDGMENT OF FORFEITURE 50 by Judge Terry J. Hatter, Jr. The United States of America shall have judgment as to the interests of Claimant and all other potential claimants as to $126,780.00 of the defendant currency, together with any interest earned on the defendant currency by the United States of America since seizure, which funds are hereby condemned and forfeited to the United States of America. The United States of America shall dispose of those funds in accordance with law. The remaining $20,000.00 of the defendant currency, without interest, shall be returned to Claimant. See judgment for details. ( MD JS-6. Case Terminated ) (lom)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE CENTRAL DISTRICT OF CALIFORNIA

10
11
12

WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,

13

Case No. CV 17-000399-TJH(JCx)
CONSENT JUDGMENT OF FORFEITURE
[JS-6]

v.

14

$146,780.00 IN U.S. CURRENCY,

15

Defendant.

16
17
18

MANUELA GOMEZ,
Claimant.

19
20

Pursuant to the stipulation and request of Plaintiff United

21

States of America and Claimant Manuela Gomez (“Claimant”), the Court

22

hereby enters this Consent Judgment of Forfeiture containing the

23

terms set forth below:

24

On January 18, 2017, Plaintiff United States of America (“the

25

United States of America”) filed a Complaint for Forfeiture alleging

26

that the defendant $146,780.00 in U.S. Currency (the “defendant

27

currency”) is subject to forfeiture pursuant to 21 U.S.C.

28

§ 881(a)(6).

1

Claimant filed a claim to the defendant currency and an answer

2

to the Complaint for Forfeiture on March 27, 2017.

3

Pedro Prieto filed a claim to the defendant currency on February 22,

4

2017 and an answer to the Complaint for Forfeiture on February 27,

5

2017.

6

this case because he withdrew his claim by filing a notice of

7

withdrawal of claim on April 17, 2017 and thereby relinquished and

8

waived any and all right, title and interest he may otherwise have

9

had to the defendant currency.

10
11

Former claimant

However, former claimant Pedro Prieto is no longer a party in

No other parties have appeared in this case and the time for
filing claims and answers has expired.

12

The government and Claimant have now agreed to settle this

13

action and to avoid further litigation by entering into this Consent

14

Judgment of Forfeiture.

15
16

The Court, having been duly advised of and having considered the
matter, and based upon the mutual consent of the parties hereto,

17

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

18

1.

19

action and the parties to this Consent Judgment of Forfeiture.

20
21

This Court has jurisdiction over the subject matter of this

2.

The Complaint for Forfeiture states a claim for relief

pursuant to 21 U.S.C. § 881(a)(6).

22

3.

Notice of this action has been given as required by law.

23

No appearances have been made in the litigation by any person other

24

than Claimant and former claimant Pedro Prieto whose interest was

25

resolved as a result of the notice of withdrawal of claim he filed in

26

this case.

27

the allegations of the Complaint for Forfeiture to be true.

28

/ / /

The Court deems that all other potential claimants admit

2

1

4.

The United States of America shall have judgment as to the

2

interests of Claimant and all other potential claimants as to

3

$126,780.00 of the defendant currency, together with any interest

4

earned on the defendant currency by the United States of America

5

since seizure, which funds are hereby condemned and forfeited to the

6

United States of America.

7

of those funds in accordance with law.

8
9

5.

The United States of America shall dispose

The remaining $20,000.00 of the defendant currency, without

interest, shall be returned to Claimant.

The funds to be returned to

10

Claimant shall be paid to Claimant by electronic transfer directly

11

into the client trust account of the attorney of record for Claimant

12

in this case.

13

provide all information and complete all documents requested by the

14

United States of America in order for the United States of America to

15

complete the transfer including, without limitation, providing

16

Claimant’s social security and taxpayer identification numbers (if

17

any), and the identity of the bank, the bank’s address and the

18

account name, account number, account type and wire transfer routing

19

number for the client trust account to which the transfer of funds is

20

to be made.

21

6.

Claimant (through Claimant’s attorney of record) shall

Claimant hereby releases the United States of America, its

22

agencies, agents, officers, employees and representatives, including,

23

without limitation, all agents, officers, employees and

24

representatives of the Drug Enforcement Administration and their

25

respective agencies, as well as all agents, officers, employees and

26

representatives of any state or local governmental or law enforcement

27

agency involved in the investigation or prosecution of this matter,

28

from any and all claims (including, without limitation any petitions
3

1

for remission, which Claimant hereby withdraws), actions or

2

liabilities arising out of or related to this action, including,

3

without limitation, any claim for attorney fees, costs and interest,

4

which may be asserted by or on behalf of Claimant, whether pursuant

5

to 28 U.S.C. § 2465 or otherwise.

6

7.

The Court finds that there was reasonable cause for the

7

seizure of the defendant currency and institution of these

8

proceedings.

9

reasonable cause pursuant to 28 U.S.C. § 2465.

10

8.

This judgment shall be construed as a certificate of

The Court further finds that Claimant did not substantially

11

prevail in this action, and each of the parties hereto shall bear

12

their own attorney fees and costs.

13

9.

The United States of America and Claimant consent to this

14

judgment and waive any right of appeal.

15

Dated: NOVEMBER 4, 2020

16

_
THE HONORABLE TERRY J. HATTER, JR.
UNITED STATES DISTRICT JUDGE
CC: FISCAL

17
18

Presented By:

19

NICOLA T. HANNA
United States Attorney
BRANDON D. FOX
Assistant United states Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

20
21
22
23
24
25
26

/s/ Victor A. Rodgers
_
VICTOR A. RODGERS
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA

27
28
4