United States of America v. $14,000.00 in US Currency

Filing 35

CONSENT JUDGMENT OF FORFEITURE by Judge Jesus G. Bernal: IT IS ORDERED, ADJUDGED AND DECREED: 1. This Court has jurisdiction over the parties and the subject matter of this action. 2. Notice of this action has been given in accordance with law. All potential claimants to the defendant currency, other than Majeed, are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture. 3. The United States of Ame rica shall have judgment as to $7,000.00 of the defendant currency and all interest earned on the entirety of the defendant currency since seizure, and no other person or entity shall have any right, title or interest therein. The United States is ordered to dispose of said funds in accordance with law. (see document image for further details) ( MD JS-6. Case Terminated ) (ad)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 EILEEN M. DECKER United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section KATHARINE SCHONBACHLER Assistant United States Attorney Asset Forfeiture Section California Bar No. 222875 Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-3172 Facsimile: (213) 894-7177 E-mail: Katie.Schonbachler@usdoj.gov Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION 18 19 UNITED STATES OF AMERICA, 20 Plaintiff, 21 v. 22 $14,000.00 IN U.S. CURRENCY, 23 Defendant. 24 _________________________________ 25 ABDUL MAJEED, 26 27 28 JS-6 Claimant. No. EDCV 14-01380-JGB (DTBx) CONSENT JUDGMENT OF FORFEITURE 1 This civil forfeiture action was commenced on July 7, 2014 against the defendant 2 $14,000.00 in U.S. Currency seized on February 4, 2014 in Upland, California (the 3 “defendant currency”). Abdul Majeed (“Majeed”) filed a claim of interest in the 4 defendant currency on August 14, 2014, and an answer to the complaint on August 14, 5 2014. No other parties have appeared in this case and the time for filing claims of 6 interest and answers has expired. 7 Plaintiff United States of America and Majeed have reached an agreement that is 8 dispositive of the action. The parties hereby request that the Court enter this Consent 9 Judgment of Forfeiture. 10 WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 11 1. 12 13 This Court has jurisdiction over the parties and the subject matter of this action. 2. Notice of this action has been given in accordance with law. All potential 14 claimants to the defendant currency, other than Majeed, are deemed to have admitted the 15 allegations of the Complaint. The allegations set out in the Complaint are sufficient to 16 establish a basis for forfeiture. 17 3. The United States of America shall have judgment as to $7,000.00 of the 18 defendant currency and all interest earned on the entirety of the defendant currency since 19 seizure, and no other person or entity shall have any right, title or interest therein. The 20 United States is ordered to dispose of said funds in accordance with law. 21 4. $7,000.00 of the defendant currency, without any interest earned by the 22 government on the full amount of the defendant currency, shall be returned to Majeed by 23 either check or wire transfer within 60 days of the date that the Court enters the Consent 24 Judgment. If the United States elects to make the payment by check, the check will be 25 payable to “Abdul Majeed” and mailed to Anikó R. Hoover, Esq., 337 N. Vineyard 26 Avenue, 4th Floor, Suite 530, Ontario, California 91764. If the United States elects to 27 make the payment by wire transfer, the funds will be wire transferred to the account that 28 Majeed and his attorney provide account and routing numbers for. Majeed and his 2 1 attorney shall provide any and all information, including personal identifiers, needed to 2 process the return of these funds according to federal law. 3 5. Majeed agrees to release the United States of America, its agencies, agents, 4 and officers, including employees, officers and agents of the United States Secret 5 Service from any and all claims, actions or liabilities arising out of or related to this 6 action or the underlying seizures, including, without limitation, any claim for attorney’s 7 fees, costs or interest which may be asserted on behalf of Majeed, whether pursuant to 8 28 U.S.C. § 2465 or otherwise. If Majeed submitted a petition for remission to the 9 defendant currency in any proceedings, Majeed hereby stipulates to withdraw the 10 petition, and waive any rights he may have to seek remission or mitigation of the 11 forfeiture of the defendant currency. 12 6. The Court finds that there was reasonable cause for the seizure of the 13 defendant currency and institution of these proceedings. This judgment shall be 14 construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. ble 15 16 17 Dated: December 5, 2016 THE HONORABLE JESUS G. BERNAL HONORABLE JESUS G. E UNITED STATES DISTRICT JUDGE UNITED E 18 19 20 21 22 23 [Signatures of parties appear on the next page] 24 25 26 27 28 3 1 Approved as to Form and Content: 2 Dated: _December 1, 2016 3 4 5 6 EILEEN M. DECKER United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Chief, Asset Forfeiture Section /s/ Katharine Schonbachler KATHARINE SCHONBACHLER Assistant United States Attorney 7 8 9 Attorneys for Plaintiff United States of America 10 11 12 Dated: _November 30, 2016 13 /s/ Aniko Rushakoff Hoover ANIKO RUSHAKOFF HOOVER, ESQ. Counsel for Claimant ABDUL MAJEED 14 15 16 17 18 19 Dated: _November 30, 2016 /s/ Abdul Majeed ABDUL MAJEED Claimant 20 21 22 23 24 25 26 27 28 4

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