United States Of America v. $796,075.58 in Bank Account Funds

Filing 38

CONSENT JUDGMENT by Judge Virginia A. Phillips related to: Stipulation for Order 37 . (See document for specifics.) (iva)

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STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture
FRANK D. KORTUM
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 110984
United States Courthouse
312 North Spring Street, 14th Floor
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

JS-6

Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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) No.: EDCV 07-01160-VAP(DTBx)
)
) [PROPOSED]
Plaintiff,
)
) CONSENT JUDGMENT
vs.
)
)
$796,075.58 IN BANK ACCOUNT
)
FUNDS,
)
)
Defendant.
_______________________________ )
)
GOLDENVALE, INC.,
)
)
)
Claimant.
)
UNITED STATES OF AMERICA,

Plaintiff United States of America and Claimant Goldenvale,

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Inc. have entered into a stipulated request for the entry of

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this consent judgment of forfeiture resolving all interests

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Goldenvale, Inc., may have had in the defendant, $796,075.58 in

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Bank Funds (“defendant bank funds”).

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The civil forfeiture action captioned above was commenced

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on September 12, 2007.

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filed a Verified Statement of Interest on October 5, 2007.

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other claims or answers were filed, and time for filing claims

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and answers has expired.

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Claimant Goldenvale, Inc., (“Claimant”)
No

Plaintiff and Claimant have entered into a stipulated

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request for the entry of this consent judgment of forfeiture

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resolving all claims concerning the defendant $796,075.58 in

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Bank Funds (Asset ID Nos. 07-ICE-000467, FP&F 2007-2705-000061-

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01 and 07-ICE-000457, FP&F 2007-2705-000061-02).
The Court has been duly advised of and has considered the

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matter.

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good cause appearing therefor, the Court hereby ORDERS, ADJUDGES

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AND DECREES that $468,075.58 of the defendant bank funds shall

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be forfeited to the United States of America and no other right,

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title or interest shall exist therein.

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(the remaining portion of the defendant bank funds), without

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interest, shall be returned to Claimant.

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returning said funds, Claimant shall provide its taxpayer

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identification number to the government upon request, as well as

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the wire transfer information needed to make the payment

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electronically.

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Based upon the mutual consent of the parties hereto and

The sum of $328,000.00

For purposes of

Claimant has agreed to release the United States of

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America, its agencies, agents, and officers, including employees

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and agents of United States Customs and Border Protection

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(“CBP”) and Immigration and Customs Enforcement (“ICE”), from

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any and all claims, actions or liabilities arising out of or

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related to the seizure and retention of the defendant bank funds

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and/or this civil forfeiture action, including, without

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limitation, any claim for attorneys’ fees, costs or interest

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which may be asserted on behalf of Claimant against the United

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States, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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The Court finds that there was reasonable cause for the

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seizure of the defendant asset and the institution of this

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action.

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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

This consent judgment shall be construed as a

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connection with the seizure, retention and return of the

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defendant asset.

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DATED: June 11, 2015

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UNITED STATES DISTRICT JUDGE

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Presented by:

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STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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/S/
FRANK D. KORTUM
Assistant United States Attorney
Attorney for Plaintiff
UNITED STATES OF AMERICA

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