United States of America v. 322,601.00 USD

Filing 19

CONSENT JUDGMENT by Judge Dale S. Fischer. ( MD JS-6. Case Terminated )(SEE JUDGMENT FOR SPECIFICS) (bp)

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JS 6 1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 15 FOR THE CENTRAL DISTRICT OF CALIFORNIA 16 WESTERN DIVISION 17 UNITED STATES OF AMERICA, 18 Plaintiff, 19 vs. 20 21 22 23 24 25 26 27 $322,601.00 IN U.S. CURRENCY, Defendant. JUDY CHAN, Claimant. ) ) NO. CV 17-4047 DSF (SSx) ) ) CONSENT JUDGMENT OF FORFEITURE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 28 1 1 Plaintiff and claimant Judy Chan have made a stipulated 2 request for the entry of this Consent Judgment, resolving this 3 action in its entirety. 4 The Court, having considered the stipulation of the 5 parties, and good cause appearing therefor, HEREBY ORDERS 6 ADJUDGES AND DECREES: 7 1. The government has given and published notice of this 8 action as required by law, including Rule G of the Supplemental 9 Rules for Admiralty or Maritime Claims and Asset Forfeiture 10 Actions, Federal Rules of Civil Procedure, and the Local Rules 11 of this Court. Judy Chan has filed a claim but has not answered 12 the complaint. However, Judy Chan would have filed an answer in 13 this case absent this agreement. 14 interest or answers have been filed, and the time for filing 15 such statements of interest and answers has expired. 16 has jurisdiction over the parties to this judgment and the 17 defendant currency. 18 currency other than Judy Chan are deemed to have admitted the 19 allegations of the complaint with respect to the defendant 20 currency. 21 2. 22 23 24 27 Any potential claimants to the defendant $11,176.00, without interest. The following shall be forfeited to the United States, and no other right, title, or interest shall exist therein: 25 26 This Court The following shall be returned to Judy Chan: a. 3. No other statements of a. 4. $311,425.00. Judy Chan has agreed to release the United States of America, its agencies, agents, and officers, including employees 28 2 1 and agents of the Federal Bureau of Investigation, from any and 2 all claims, actions or liabilities arising out of or related to 3 this action, including, without limitation, any claim for 4 attorneys’ fees, costs or interest which may be asserted on 5 behalf of Judy Chan against the United States, whether pursuant 6 7 to 28 U.S.C. § 2465 or otherwise. Judy Chan has also waived any rights she may have to seek remission or mitigation of the 8 forfeiture. Nothing in this Consent Judgment is intended as, 9 nor should anything in this Consent Judgment be interpreted as 10 an admission by Judy Chan of any liability or wrongdoing. 11 // 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 5. The court finds that there was reasonable cause for the 2 institution of these proceedings pursuant to 28 U.S.C. 3 § 2465. 4 cause pursuant to 28 U.S.C. § 2465. This judgment constitutes a certificate of reasonable 5 6 DATED: 9/1/17 7 ________________________________ THE HONORABLE DALE S. FISCHER UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 Prepared by: SANDRA R. BROWN Acting United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section 15 16 17 /s/ Jonathan Galatzan JONATHAN GALATZAN Assistant United States Attorney Asset Forfeiture Section 18 19 Attorney for Plaintiff United States of America 20 21 22 23 24 25 26 27 28 4

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