United States Of America v. $94,925.00 In U S Currency

Filing 11

CONSENT JUDGMENT OF FORFEITURE by Judge Cormac J. Carney in favor of United States Of America against $94,925.00 In U S Currency: IT IS ORDERED, ADJUDGED AND DECREED: (See document for further details.) 3. The United States of America shall have judgment as to $47,463.00 of the defendant currency, plus all interest earned by the government on the entirety of the defendant currency, 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 assets in accordance with law. 4. $47,462.00 of the defendant currency, without any interest earned by the government on that amount, shall be returned to claimant Lionel Alvarez. Said funds shall be forwa rded by check made payable to William S. Pitman, Esq., Attorney-Client Trust Account, and shall be mailed to William S. Pitman, Esq., 624 South Grand Avenue, Suite 2200, Los Angeles, California 90017. 5. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Administration, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorneys fees, costs or interest which may be asserted on behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise.( MD JS-6. Case Terminated ) (rla)

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THOMAS P. O'BRIEN United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section FRANK D. KORTUM Assistant United States Attorney Asset Forfeiture Section California Bar No. 110984 United States Courthouse 312 N. Spring Street, Suite 1400 Los Angeles, California 90012 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) $94,925.00 IN U.S. CURRENCY, ) ) Defendant. ) ) _______________________________) ) ) LIONEL ALVAREZ, ) ) Claimant. _______________________________) NO. SACV 08-445 CJC (FFMx)

[PROPOSED] CONSENT JUDGMENT OF FORFEITURE

This action was filed on April 24, 2008. given and published in accordance with law.

Notice was

Claimant Lionel

Alvarez filed a claim opposing forfeiture on June 3, 2008 and an answer on June 19, 2008. No other claims or answers have been

filed, and the time for filing such claims and answers has

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expired.

Plaintiff and claimant have reached an agreement that The parties hereby request that WHEREFORE,

is dispositive of the action.

the Court enter this Consent Judgment of Forfeiture. 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 claimant 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 America shall have judgment as to $47,463.00 of the defendant currency, plus all interest earned by the government on the entirety of the defendant currency, 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 assets in accordance with law. 4. $47,462.00 of the defendant currency, without any interest earned by the government on that amount, shall be returned to claimant Lionel Alvarez. Said funds

shall be forwarded by check made payable to "William S. Pitman, Esq., Attorney-Client Trust Account," and shall be mailed to William S. Pitman, Esq., 624 South Grand Avenue, Suite 2200, Los Angeles, California 90017. 5. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees 2

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and agents of the Drug Enforcement Administration, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise. Plaintiff, United States of America, agrees that it will not seek to recover civil sanctions (except to the extent that the forfeiture of the defendant currency can be considered a civil sanction), attorney's fees or costs in connection with this action or the underlying seizure.

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7.

The Court finds that there was reasonable cause for the seizure of the defendant currency and institution of these proceedings. This judgment shall be construed as

a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

Dated: November 18, 2008

______________________________ THE HONORABLE CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE

Approved as to form and content: Dated: October , 2008 THOMAS P. O'BRIEN United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section /s/ FRANK D. KORTUM Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America Dated: October , 2008 /s/ WILLIAM S. PITMAN Attorney for Claimant LIONEL ALVAREZ

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