United States of America v. Real Property Located in Riverside, California

Filing 23

CONSENT JUDGMENT OF FORFEITURE by Judge George H. Wu in favor of United States of America against Real Property Located in Riverside, California, Heather Sadik Related to: Stipulation for Judgment 22 . (see document for further details) ( MD JS-6. Case Terminated ) (bm)

JS-6

Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 1 of 6 Page ID #:84

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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,

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No. EDCV 20-2566-GW-KKx

vs.

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CONSENT JUDGMENT OF FORFEITURE

ONE REAL PROPERTY LOCATED IN
RIVERSIDE, CALIFORNIA,
Defendant.

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HEATHER SADIK,
Claimant.

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Pursuant to the stipulation and request of Plaintiff United

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States of America (“the government”) and Claimant Heather Sadik

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(“Claimant” or “Sadik”), the Court herby enters this Consent Judgment

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of Forfeiture containing the terms set forth below:

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On December 14, 2020, Plaintiff filed its Verified Complaint for

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Forfeiture against One Real Property Located in Riverside, California

Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 2 of 6 Page ID #:85

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(“Defendant Property).

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described as follows:

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The Defendant Property is more particularly

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Lot 58 of Tract No. 20312-1, in the City of Riverside, County of

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Riverside, State of California, as shown by Map on File in Book 165,

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Pages 46 to 50, inclusive of Maps, record of Riverside County,

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California.

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APN: 252-272-008-0
Claimant filed a claim to the Defendant Property and an answer

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to the complaint for forfeiture on February 9, 2021 and March 1, 2021

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respectively.

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in the Defendant Property.

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despite the giving and publication of notice, and the time for filing

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a claim and answer has expired.

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No one besides Sadik is believed to have an interest
No other claim or answer has been filed

The Court having been duly advised of and having considered the
matter, and based on the mutual consent of the parties hereto,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

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1.

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This Court has jurisdiction over the subject matter of this

action and the parties to this Consent Judgment of Forfeiture.
2.

The Complaint states a claim for relief pursuant to 21

U.S.C. § 881(a)(6).
3.

Notice of this action has been given as required by law.

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All potential claimants other than Sadik are deemed to have admitted

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the allegations of the Complaint for Forfeiture to be true with

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respect to the Defendant Property.

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4.

The allegations set out in the Complaint are sufficient to

establish a basis for forfeiture.

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Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 3 of 6 Page ID #:86

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5.

The United States of America shall have judgment as to the

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interests of Claimant and all other potential claimants as to the

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Defendant Property, which property shall be condemned and forfeited

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to the United States of America.

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Property, the Riverside County Recorder shall index this judgment in

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the grantor index under the name of Heather Sadik and Hadeer Sadik,

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as joint tenants, and in the grantee index under the name of the

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United States of America.

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6.

With respect to the Defendant

Title to the Defendant Property shall be vested in the

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United States of America, the United States of America shall proceed

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to dispose of the Defendant Property in accordance with law.

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disposition of the Defendant Property, the proceeds of the sale of

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the Defendant Property, to the extent available, shall be payable in

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the following priority:

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a.

Upon

First, to the United States of America (including its

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agency the United States Marshals Service) for all expenses incurred

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relative to the Defendant Property, including, but not limited to,

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expenses of custody, advertising and sale;

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b.

Second, payment to the County Assessor and Tax

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Collector of Riverside County, California for any unpaid real

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property taxes assessed against the Defendant Property up to the date

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of filing of this Consent Judgment of Forfeiture;

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c.

Third, 50% of the remaining proceeds to Claimant;

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d.

Fourth, payment to the United States Marshals Service,

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which shall deposit and dispose of the remaining proceeds from the

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sale of the Defendant Property in accordance with law.

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7.
dwelling.

The Defendant Property is a residential single-family
Claimant and all occupants shall vacate the Defendant

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Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 4 of 6 Page ID #:87

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Property and remove all their personal property from the Defendant

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Property, on or before October 1, 2021.

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residence fail to vacate the Defendant Property by the aforementioned

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deadline, the United States of America (via the United States

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Marshals Service) may enter the Defendant Property and remove their

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belongings from the Defendant Property without further order of

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Court.

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8.
tenants.

If any such occupants of the

Defendant Property is presently occupied by third party
Claimant shall instruct all tenants of the Defendant

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Property to pay rent to the United States of America for all amounts

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due on or after August 1, 2021.

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States of America any amounts received as rent from the tenants of

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Defendant Property for the month of July 2021 and all succeeding

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months.

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9.

Claimant shall pay to the United

The funds to be paid to Claimant pursuant to paragraph 6-c,

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above, shall be paid to Claimant through her counsel by electronic

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transfer.

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and complete all documents requested by the United States of America

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in order for the United States of America to complete the transfer

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including, without limitation, providing Claimant’s social security

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and/or taxpayer identification number, the identity of the bank to

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receive the transfer, the bank’s address, and the account name,

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account number, account type and routing number for the account to

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which the transfer of funds is to be made.

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10.

Claimant and her attorney shall provide all information

The Court acknowledges that Sadik has waived, relinquished

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and abandoned any right to contest the forfeiture of the Defendant

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Property, and released the United States of America, its agencies,

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agents, officers, employees and representatives, including, without

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Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 5 of 6 Page ID #:88

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limitation, all agents, officers, employees and representatives of

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the Drug Enforcement Administration, the Department of Justice, and

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their respective agencies, as well as all agents, officers, employees

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and representatives of any state or local governmental or law

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enforcement agency involved in the investigation or prosecution of

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this matter, from any and all claims (including, without limitation,

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any petitions for remission, which Sadik has or shall withdraw),

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actions or liabilities arising out of or related to this action,

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including, without limitation, any claim for attorney fees, costs and

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interest, which may be asserted by or on behalf of Sadik with respect

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to the Defendant Property, whether pursuant to 28 U.S.C. § 2465 or

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otherwise.

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11.

The Court finds that there was reasonable cause for the

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seizure of the Defendant Property and institution of these

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proceedings and construes the judgment as a certificate of reasonable

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cause pursuant to 28 U.S.C. § 2465.

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The Court further finds that Claimant did not substantially

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prevail in this action, and the parties hereto shall bear their own

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attorney fees and costs.

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13.

Claimant shall execute, as necessary and upon reasonable

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request by the United States of America, any documents necessary to

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effect the United States of America’s forfeiture of the Defendant

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Property as provided under the terms of this Consent Judgment of

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Forfeiture.

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///

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///

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Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 6 of 6 Page ID #:89

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14.

The Court shall retain jurisdiction over this matter to

enforce the provisions of this Consent Judgment of Forfeiture.

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Dated: September 7, 2021

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HON. GEORGE H. WU
UNITED STATES DISTRICT JUDGE

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Presented by:
TRACY L. WILKISON
Acting United States Attorney
SCOTT M. GARRINGER
Assistant United States Attorney
Chief, Criminal Division
JONATHAN GALATZAN
Assistant United States Attorney
Chief, Asset Forfeiture Section
/s/Brent A. Whittlesey
BRENT A. WHITTLESEY
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA

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