United States of America v. $44,700.00 In U.S. Currency

Filing 57

CONSENT JUDGMENT OF FORFEITURE by Judge John F. Walter: IT IS ORDERED, ADJUDGED AND DECREED that the United States of America shall have judgment as to $44,700 in U.S. currency and all interest earned on the entirety of the defendant funds since seizure, and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said funds in accordance with law. See document for further details. ( MD JS-6. Case Terminated ) (gk)

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EILEEN M. DECKER
United States Attorney
LAWRENCE MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
JONATHAN GALATZAN
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 190414
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

Attorneys for Plaintiff
United States of America

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,
vs.

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$44,700 IN U.S. CURRENCY,
Defendant.
BLAINE NICASTRO,

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Claimant.
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) NO. EDCV 14-1964 JFW (DTBx)
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) CONSENT JUDGMENT OF FORFEITURE
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This action was filed on September 22, 2014 against the
defendant $44,700.00 in U.S. currency.
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Blaine NiCastro

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(“NiCastro”) claims an interest in the defendant $44,700.00 in

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U.S. currency.

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appeared in this case and the time for filing such statements of

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interest and answers has expired.

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America and NiCastro have reached an agreement that is

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dispositive of the action.

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intended or should be interpreted as an admission of wrongdoing

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by NiCastro.

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this Consent Judgment of Forfeiture.

No other parties other than NiCastro have

Plaintiff United States of

Nothing in this consent judgment is

The parties hereby request that the Court enter

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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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1.

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This Court has jurisdiction over the parties and the

subject matter of this action.
2.

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Notice of this action has been given in accordance with

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law.

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currency other than NiCastro are deemed to have admitted the

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allegations of the Complaint.

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Complaint are sufficient to establish a basis for forfeiture.

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All potential claimants to the defendant $44,700.00 in U.S.

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The allegations set out in the

The United States of America shall have judgment as to

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$44,700 in U.S. currency and all interest earned on the entirety

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of the defendant funds since seizure, and no other person or

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entity shall have any right, title or interest therein.

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United States Marshals Service is ordered to dispose of said

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funds in accordance with law.

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4.

The

NiCastro has agreed to release the United States of

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

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officers and agents of the Drug Enforcement Administration from

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

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related to this action, including, without limitation, any claim
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for attorney’s fees, costs or interest which may be asserted on

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behalf of NiCastro, whether pursuant to 28 U.S.C. § 2465 or

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otherwise.

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5.

The court finds that there was reasonable cause for the

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seizure of the defendant $44,700.00 in U.S. currency and

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institution of these proceedings.

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construed as a certificate of reasonable cause pursuant to 28

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U.S.C. § 2465.

This judgment shall be

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Dated: August 13, 2015

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THE HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

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[Signatures of counsel appear on the next page.]

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Approved as to form and content:

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DATED: August 13, 2015
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EILEEN M. DECKER
United States Attorney
LAWRENCE MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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/s/ Jonathan Galatzan
JONATHAN GALATZAN
Assistant United States Attorney
Attorneys for Plaintiff
United States of America

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DATED: August 12, 2015

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/s/ Dante Ardite
DANTE ARDITE, ESQ.
Attorney for Claimant
BLAINE NICASTRO

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DATED: August 11, 2015

/s/ Blaine NiCastro
BLAINE NICASTRO,
Claimant

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