United States of America v. $42,496.92 Seized from Bank of America Account Number XXXXX-6922 et al

Filing 13

CONSENT JUDGMENT OF FORFEITURE by Judge Cormac J. Carney Related to: Stipulation for Order for Consent Judgment of Forfeiture 12 . (MD JS-6. Case Terminated) (mt)

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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
JONATHAN GALATZAN
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 190414
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

Attorneys for Plaintiff
United States of America

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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) NO. SA CV 13-1565 CJC (RNBx)
)
)
Plaintiff,
) CONSENT JUDGMENT OF FORFEITURE
)
vs.
)
$42,496.92 SEIZED FROM BANK OF )
AMERICA ACCOUNT NUMBER XXXXX)
6922 AND $13,901.48 SEIZED FROM )
BANK OF AMERICA ACCOUNT NUMBER )
)
XXXXX-01950,
)
)
Defendants.
)
)
UNITED STATES OF AMERICA,

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Plaintiff and Claimants 1665 E. 4th Street, LLC, Xiaolin

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Wu, and Wendi Wang (“Claimants”) have made a stipulated request

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for the entry of this Consent Judgment, resolving this action in

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its entirety.

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Claimants, and they assert an interest in the defendant bank

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funds.

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answered the complaint.

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answer in this case absent this settlement.

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answers were filed, and the time for filing claims and answers

The defendant bank funds were seized from

Claimants have filed a claim in this case but have not
However, Claimants would have filed an

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has expired.

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No other claims or

No other person is believed to have any claim to

the defendant bank funds.
The Court, having considered the stipulation of the

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parties, and good cause appearing therefor, HEREBY ORDERS

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ADJUDGES AND DECREES:
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The government has given and published notice of this

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action as required by law, including Rule G of the Supplemental

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Rules for Admiralty or Maritime Claims and Asset Forfeiture

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Actions, Federal Rules of Civil Procedure, and the Local Rules

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of this Court.

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to contest the forfeiture of the defendant bank funds, but would

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have filed an answer absent this settlement.

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

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expired. This Court has jurisdiction over the parties to this

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judgment and the defendant bank funds.

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to the defendant bank funds other than Claimants are deemed to

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have admitted the allegations of the complaint with respect to

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the defendant bank funds.

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//

Claimants have filed a claim but not an answer

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No other claims

Any potential claimants

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2.

$10,000.00 of the defendant bank funds, without

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interest, shall be returned to Claimants through their counsel.

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The United States Marshals Service shall return the defendant

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$10,000.00 not later than 45 days after (a) the court enters

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this Consent Judgment and (b) Claimant provides to the

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government the bank routing and personal identifiers needed to

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effect a wire transfer of the funds, whichever is later.

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government shall have judgment against the interests of

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Claimants (and any potential claimants) as to the $46,398.40 in

The

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bank funds, which assets are hereby forfeited and condemned to

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the United States, and no other right, title or interest shall

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exist therein.

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assets according to law.

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3.

The government shall dispose of the forfeited

Claimants have agreed to release the United States of

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America, its agencies, agents, and officers, including employees

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and agents of the Internal Revenue Service (“IRS”), as well as

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all agents, officers, employees and representatives of any state

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or local government or law enforcement agency involved in the

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investigation or prosecution of this matter, from any and all

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claims, actions or liabilities arising out of or related to the

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seizure and retention of the defendant bank funds and/or the

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commencement of this civil forfeiture action, including, without

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limitation, any claim for attorneys’ fees, costs or interest

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which may be asserted on behalf of Claimants against the United

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States, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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4.

The court finds that there was reasonable cause for the

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seizure of the defendant bank funds and the institution of this

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action as to the defendant bank funds.
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This judgment

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constitutes a certificate of reasonable cause pursuant to 28

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U.S.C. § 2465 as to the defendant bank funds.

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5.

Each of the parties shall bear its own fees and costs

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in connection with the seizure, retention and return of the

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defendant bank funds.

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DATED: January 10, 2014

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________________________________________
THE HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE

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Prepared by:

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ANDRÉ BIROTTE JR.
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/ Jonathan Galatzan
JONATHAN GALATZAN

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Assistant United States Attorney
Asset Forfeiture Section

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