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)

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JS-6 Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 1 of 6 Page ID #:84 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 12 UNITED STATES OF AMERICA, 13 Plaintiff, 14 No. EDCV 20-2566-GW-KKx vs. 15 16 17 CONSENT JUDGMENT OF FORFEITURE ONE REAL PROPERTY LOCATED IN RIVERSIDE, CALIFORNIA, Defendant. 18 19 20 HEATHER SADIK, Claimant. 21 22 23 Pursuant to the stipulation and request of Plaintiff United 24 States of America (“the government”) and Claimant Heather Sadik 25 (“Claimant” or “Sadik”), the Court herby enters this Consent Judgment 26 of Forfeiture containing the terms set forth below: 27 On December 14, 2020, Plaintiff filed its Verified Complaint for 28 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 1 (“Defendant Property). 2 described as follows: 3 4 5 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 6 Riverside, State of California, as shown by Map on File in Book 165, 7 Pages 46 to 50, inclusive of Maps, record of Riverside County, 8 California. 9 10 APN: 252-272-008-0 Claimant filed a claim to the Defendant Property and an answer 11 to the complaint for forfeiture on February 9, 2021 and March 1, 2021 12 respectively. 13 in the Defendant Property. 14 despite the giving and publication of notice, and the time for filing 15 a claim and answer has expired. 16 17 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, 18 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 19 1. 20 21 22 23 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. 24 All potential claimants other than Sadik are deemed to have admitted 25 the allegations of the Complaint for Forfeiture to be true with 26 respect to the Defendant Property. 27 28 4. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture. 2 Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 3 of 6 Page ID #:86 1 5. The United States of America shall have judgment as to the 2 interests of Claimant and all other potential claimants as to the 3 Defendant Property, which property shall be condemned and forfeited 4 to the United States of America. 5 Property, the Riverside County Recorder shall index this judgment in 6 the grantor index under the name of Heather Sadik and Hadeer Sadik, 7 as joint tenants, and in the grantee index under the name of the 8 United States of America. 9 6. With respect to the Defendant Title to the Defendant Property shall be vested in the 10 United States of America, the United States of America shall proceed 11 to dispose of the Defendant Property in accordance with law. 12 disposition of the Defendant Property, the proceeds of the sale of 13 the Defendant Property, to the extent available, shall be payable in 14 the following priority: 15 a. Upon First, to the United States of America (including its 16 agency the United States Marshals Service) for all expenses incurred 17 relative to the Defendant Property, including, but not limited to, 18 expenses of custody, advertising and sale; 19 b. Second, payment to the County Assessor and Tax 20 Collector of Riverside County, California for any unpaid real 21 property taxes assessed against the Defendant Property up to the date 22 of filing of this Consent Judgment of Forfeiture; 23 c. Third, 50% of the remaining proceeds to Claimant; 24 d. Fourth, payment to the United States Marshals Service, 25 which shall deposit and dispose of the remaining proceeds from the 26 sale of the Defendant Property in accordance with law. 27 28 7. dwelling. The Defendant Property is a residential single-family Claimant and all occupants shall vacate the Defendant 3 Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 4 of 6 Page ID #:87 1 Property and remove all their personal property from the Defendant 2 Property, on or before October 1, 2021. 3 residence fail to vacate the Defendant Property by the aforementioned 4 deadline, the United States of America (via the United States 5 Marshals Service) may enter the Defendant Property and remove their 6 belongings from the Defendant Property without further order of 7 Court. 8 9 8. tenants. If any such occupants of the Defendant Property is presently occupied by third party Claimant shall instruct all tenants of the Defendant 10 Property to pay rent to the United States of America for all amounts 11 due on or after August 1, 2021. 12 States of America any amounts received as rent from the tenants of 13 Defendant Property for the month of July 2021 and all succeeding 14 months. 15 9. Claimant shall pay to the United The funds to be paid to Claimant pursuant to paragraph 6-c, 16 above, shall be paid to Claimant through her counsel by electronic 17 transfer. 18 and complete all documents requested by the United States of America 19 in order for the United States of America to complete the transfer 20 including, without limitation, providing Claimant’s social security 21 and/or taxpayer identification number, the identity of the bank to 22 receive the transfer, the bank’s address, and the account name, 23 account number, account type and routing number for the account to 24 which the transfer of funds is to be made. 25 10. Claimant and her attorney shall provide all information The Court acknowledges that Sadik has waived, relinquished 26 and abandoned any right to contest the forfeiture of the Defendant 27 Property, and released the United States of America, its agencies, 28 agents, officers, employees and representatives, including, without 4 Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 5 of 6 Page ID #:88 1 limitation, all agents, officers, employees and representatives of 2 the Drug Enforcement Administration, the Department of Justice, and 3 their respective agencies, as well as all agents, officers, employees 4 and representatives of any state or local governmental or law 5 enforcement agency involved in the investigation or prosecution of 6 this matter, from any and all claims (including, without limitation, 7 any petitions for remission, which Sadik has or shall withdraw), 8 actions or liabilities arising out of or related to this action, 9 including, without limitation, any claim for attorney fees, costs and 10 interest, which may be asserted by or on behalf of Sadik with respect 11 to the Defendant Property, whether pursuant to 28 U.S.C. § 2465 or 12 otherwise. 13 11. The Court finds that there was reasonable cause for the 14 seizure of the Defendant Property and institution of these 15 proceedings and construes the judgment as a certificate of reasonable 16 cause pursuant to 28 U.S.C. § 2465. 17 12. The Court further finds that Claimant did not substantially 18 prevail in this action, and the parties hereto shall bear their own 19 attorney fees and costs. 20 13. Claimant shall execute, as necessary and upon reasonable 21 request by the United States of America, any documents necessary to 22 effect the United States of America’s forfeiture of the Defendant 23 Property as provided under the terms of this Consent Judgment of 24 Forfeiture. 25 /// 26 /// 27 28 5 Case 5:20-cv-02566-GW-KK Document 23 Filed 09/07/21 Page 6 of 6 Page ID #:89 1 2 14. The Court shall retain jurisdiction over this matter to enforce the provisions of this Consent Judgment of Forfeiture. 3 4 Dated: September 7, 2021 5 HON. GEORGE H. WU UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 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 19 20 21 22 23 24 25 26 27 28 6

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