United States of America v. Any and All Funds Seized from Various Accounts at Bank of America, N.A.

Filing 560

PARTIAL CONSENT JUDGMENT OF FORFEITURE 558 by Judge R. Gary Klausner. HEREBY ORDERS, ADJUDGES AND DECREES: The partial consent judgment provides that certain of the Defendant Funds identified in Schedule A, without interest, shall be returned to Claimant as specified in Schedule A. (See Partial Consent Judgment for further specifics). (jp)

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1 2 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, 13 Plaintiff, 14 vs. 16 ANY AND ALL FUNDS SEIZED FROM VARIOUS ACCOUNTS AT BANK OF AMERICA, N.A., 17 Defendant. 15 No. CV 22-00826-RGK-AS [PROPOSED] PARTIAL CONSENT JUDGMENT OF FORFEITURE [558] [Not Dispositive of This Action] 18 19 20 QIAN LIU, Claimant. 21 22 23 Plaintiff United States of America (“the government”) and 24 Potential Claimant Qian Liu (“Claimant”) have made a stipulated 25 request for the entry of this Partial Consent Judgment, which is not 26 dispositive of this action. 27 28 The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES: 1 1. Notice has been given and published regarding the Defendant 2 Funds as required by law and the Local Rules of this Court. No other 3 claims or answers were filed as to the Defendant Funds identified in 4 Schedule A, and the time for filing such claims has expired. 5 2. But for this settlement, Claimant would have filed timely 6 claims for certain of the Defendant Funds, as identified in Schedule 7 A. 8 9 3. The partial consent judgment provides that certain of the Defendant Funds identified in Schedule A, without interest, shall be 10 returned to Claimant as specified in Schedule A (hereinafter, the 11 “Returned Funds”). 12 4. The government shall have judgment as to the portion of the 13 Defendant Funds specified in Schedule A, together with all interest 14 earned on the entire amount of such Defendant Funds since seizure, 15 and no other person or entity shall have any right, title or interest 16 therein. 17 5. If the government elects to make the payment of the 18 Returned Funds by check, the check shall be payable to Claimant. If 19 the government elects to make the payment by wire transfer, the funds 20 shall be wire transferred to an account designated by Claimant. Upon 21 request from the government, Claimant shall provide any necessary 22 bank account information to complete the transfer. 23 6. Claimant releases the United States of America, its 24 attorneys, agencies, agents, and officers, including employees and 25 agents of the United States Department of Justice, Department of 26 State, and Department of Homeland Security, from any and all claims, 27 actions or liabilities arising out of or related to the seizure and 28 retention of the Defendant Funds and the commencement of this action 2 1 as it relates to the Defendant Funds, including any claim for 2 attorneys’ fees or costs which may be asserted on behalf of Claimant, 3 or either of them, against the United States, whether pursuant to 28 4 U.S.C. § 2465 or otherwise. 5 have to seek remission or mitigation of the forfeiture. 6 7 8 9 10 7. Claimant has waived any rights he may The Court finds that there was reasonable cause for the seizure of the Defendant Funds and institution of this action. 8. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. 9. Each of the Parties shall bear its own fees and costs in 11 connection with the seizure, retention and efforts to forfeit the 12 Defendant Funds. 13 14 IT IS SO ORDERED. 15 Dated: September __________, 2022 15 HON. R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 16 17 Presented by: 18 STEPHANIE S. CHRISTENSEN Acting United States Attorney SCOTT M. GARRINGER Assistant United States Attorney Chief, Criminal Division JONATHAN GALATZAN Assistant United States Attorney Chief, Asset Forfeiture Section 19 20 21 22 23 24 25 26 /s/ DAN G. BOYLE Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA 27 28 3 1 2 3 4 Schedule A Account X38221 Claimant Qian Liu Seized $32,103.00 Returned $21,509.01 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Forfeited $10,593.99

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