United States of America v. One 2006 Lamborghini Murcielago

Filing 77

JUDGMENT of Forfeiture by Judge David O. Carter: IT IS ORDERED, ADJUDGED AND DECREED THAT: All right, title and interest in the defendant, One 2006 Lamborghini Murcielago, is hereby forfeited to plaintiff United States of America and no other right, title or interest shall exist therein. The government shall dispose of the defendant vehicle according to law; Claimant NextGear did not substantially prevail in this action within the meaning of 28 U.S.C. 2465. This judgment shall constitute a certi ficate of reasonable cause within the meaning of 28 U.S.C. 2465(a)(2); and There being no just reason for delay, the clerk is hereby directed to enter this judgment, which constitutes a final judgment resolving this action as to all of the parties hereto, and all other potential claimants. (MD JS-6, Case Terminated). (lwag)

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STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
CHRISTEN A. SPROULE (California State Bar Pending)
Assistant United States Attorney
LUCAS E. ROWE (CBN: 298697)
Special Assistant United States Attorney
Asset Forfeiture Section
California Bar No. Pending
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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JS-6

UNITED STATES OF AMERICA,

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Plaintiff,

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v.

NO. SACV 13-907 DOC (JPRx)

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ONE 2006 LAMBORGHINI
MURCIELAGO
Defendant.
_______________________________
NEXTGEAR CAPITAL, INC.,

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Claimant.

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JUDGMENT OF FORFEITURE

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A Court trial of this matter was held on May 26, 2015. The Court issued its Order

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re Findings of Fact and Conclusions of Law (Docket No. 75) on June 16, 2015. The

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Court found that Plaintiff, United States of America, proved by a preponderance of the

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evidence that the defendant, One 2006 Lamborghini Murcielago, is subject to forfeiture

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pursuant to 31 U.S.C. § 5317(c)(2) because it represents proceeds of, or is traceable to,

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one or more violations of 31 U.S. C. § 5324. The Court further found that Claimant,

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NextGear did not prove by a preponderance of the evidence that it was an innocent

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owner of the defendant under 18 U.S.C. § 983(d), or establish any other defense to the

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forfeiture.

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//

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//

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IT IS ORDERED, ADJUDGED AND DECREED THAT:

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1.

All right, title and interest in the defendant, One 2006 Lamborghini

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Murcielago, is hereby forfeited to plaintiff United States of America and no other right,

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title or interest shall exist therein. The government shall dispose of the defendant vehicle

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according to law.

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2.

Claimant NextGear did not substantially prevail in this action within the

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meaning of 28 U.S.C. § 2465. This judgment shall constitute a certificate of reasonable

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cause within the meaning of 28 U.S.C. § 2465(a)(2).

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3.

There being no just reason for delay, the clerk is hereby directed to enter

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this judgment, which constitutes a final judgment resolving this action as to all of the

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parties hereto, and all other potential claimants.

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IT IS SO ORDERED.

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June 23, 2015
DATE
PRESENTED BY:
STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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/s/ Lucas E. Rowe__________
CHRISTEN A. SPROULE
LUCAS E. ROWE
Assistant United States Attorneys

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Attorneys for Plaintiff
UNITED STATES OF AMERICA

HONORABLE DAVID O. CARTER
UNITED STATES DISTRICT JUDGE