UNITED STATES OF AMERICA v. One 2006 Land Rover Range Rover et al

Filing 12

CONSENT JUDGMENT by Judge James V. Selna (ade)

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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] Email: [e-mail] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) Plaintiff, ) ) v. ) ) ONE 2006 LAND ROVER RANGE ) ROVER, et al., ) ) ) Defendants. ) ) THONG QUOC TRAN, ) ) Claimant. ) _______________________________) UNITED STATES OF AMERICA, // // // NO. SACV 08-534-JVS (MLGx)

CONSENT JUDGMENT [NOTICE OF LODGING LODGED CONCURRENTLY HEREWITH]

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On May 12, 2008, plaintiff United States of America ("plaintiff" or the "government") filed a Complaint for Forfeiture against the defendant properties as follows: One 2006 Land Rover

Range Rover (the "2006 Range Rover") and $20,178.59 in bank account funds (the "defendant funds") (collectively the The government alleged that the

"defendant properties").

defendant properties were subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (a)(1)(C). Claimant Thong Quoc Tran has not filed a claim or an answer. No other claims, statements of interest, or answers have been filed, and the time for filing claims, statements, and answers has expired. The government and claimant have agreed to settle this forfeiture action and to avoid further litigation. The Court having been duly advised of and having considered the matter, and based upon the consent of plaintiff and claimant, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. This Court has jurisdiction over this action pursuant to

28 U.S.C. §§ 1345 and 1355. 2. The Complaint for Forfeiture states a claim for relief

pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (a)(1)(C). 3. Notice of this action has been given as required by law.

Claimant is relieved of his duty to file a claim and answer in this action. The Court deems that all other potential claimants

admit the allegations of the Complaint for Forfeiture to be true. // // // -2-

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4.

Claimant agrees to forfeiture as set out below.

A

judgment of forfeiture is hereby entered in favor of the United States, which shall dispose of the following defendant properties in accordance with the law: (A) The 2006 Range Rover is hereby forfeited to the

United States of America, and no other right, title, or interest shall exist therein. (B) The defendant funds plus all accrued interest are

hereby forfeited to the United States of America, and no other right, title, or interest shall exist therein. 5. Claimant will execute further documents, to the extent

necessary, to convey clear title to the defendant properties and to further implement the terms of this Consent Judgment. 6. Claimant waives the redacting and sealing requirements

of L.R. 79-5.4. 7. Claimant hereby releases the United States of America,

its agencies, officers, and employees, including employees of the Federal Bureau of Investigation, and local law enforcement agencies, their agents, officers, and employees, 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 on behalf of claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise. 8. The Court finds that there was reasonable cause for the

institution of these proceedings against the defendant properties. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. // -3-

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9.

The Court further finds that claimant did not

substantially prevail in this action, and the parties shall bear their own attorneys' fees and other costs of litigation. DATED: December 8, 2008 ____________________________ JAMES V. SELNA UNITED STATES DISTRICT JUDGE

CONSENT The government and claimants consent to judgment and waive any right to appeal. DATED: December ___, 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

FRANK D. KORTUM Assistant United States Attorney Attorneys for Plaintiff United States of America DATED: December ___, 2008 JOEL LEVINE, APC ________________________________ JOEL LEVINE Attorney for Claimant Thong Quoc Tran

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