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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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,

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vs.

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ANY AND ALL FUNDS SEIZED FROM
VARIOUS ACCOUNTS AT BANK OF
AMERICA, N.A.,

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Defendant.

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No. CV 22-00826-RGK-AS
[PROPOSED] PARTIAL CONSENT
JUDGMENT OF FORFEITURE [558]
[Not Dispositive of This Action]

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QIAN LIU,
Claimant.

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Plaintiff United States of America (“the government”) and

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Potential Claimant Qian Liu (“Claimant”) have made a stipulated

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request for the entry of this Partial Consent Judgment, which is not

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dispositive of this action.

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The Court, having considered the stipulation of the parties, and
good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES:

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1.

Notice has been given and published regarding the Defendant

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Funds as required by law and the Local Rules of this Court. No other

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claims or answers were filed as to the Defendant Funds identified in

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Schedule A, and the time for filing such claims has expired.

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2.

But for this settlement, Claimant would have filed timely

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claims for certain of the Defendant Funds, as identified in Schedule

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A.

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3.

The partial consent judgment provides that certain of the

Defendant Funds identified in Schedule A, without interest, shall be

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returned to Claimant as specified in Schedule A (hereinafter, the

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“Returned Funds”).

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4.

The government shall have judgment as to the portion of the

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Defendant Funds specified in Schedule A, together with all interest

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earned on the entire amount of such Defendant Funds since seizure,

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and no other person or entity shall have any right, title or interest

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therein.

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5.

If the government elects to make the payment of the

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Returned Funds by check, the check shall be payable to Claimant. If

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the government elects to make the payment by wire transfer, the funds

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shall be wire transferred to an account designated by Claimant. Upon

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request from the government, Claimant shall provide any necessary

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bank account information to complete the transfer.

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6.

Claimant releases the United States of America, its

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attorneys, agencies, agents, and officers, including employees and

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agents of the United States Department of Justice, Department of

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State, and Department of Homeland Security, from any and all claims,

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actions or liabilities arising out of or related to the seizure and

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retention of the Defendant Funds and the commencement of this action
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as it relates to the Defendant Funds, including any claim for

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attorneys’ fees or costs which may be asserted on behalf of Claimant,

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or either of them, against the United States, whether pursuant to 28

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U.S.C. § 2465 or otherwise.

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have to seek remission or mitigation of the forfeiture.

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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.
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This judgment shall be construed as a certificate of

reasonable cause pursuant to 28 U.S.C. § 2465.
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Each of the Parties shall bear its own fees and costs in

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connection with the seizure, retention and efforts to forfeit the

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Defendant Funds.

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IT IS SO ORDERED.
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Dated: September
__________,
2022

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HON. R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE

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Presented by:

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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

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/s/
DAN G. BOYLE
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA

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Schedule A
Account
X38221

Claimant
Qian Liu

Seized
$32,103.00

Returned
$21,509.01

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Forfeited
$10,593.99