United States of America v. $721,701.00 Seized from Merrill Lynch Brokerage Account No. '2504 et al

Filing 41

CONSENT JUDGMENT by Judge David O. Carter in favor of United States of America against Timothy DeCinces Related to: Stipulation for Judgment 40 . (dgo)

1
2
3
4
5
6
7
8
9
10
11
12

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
FRANK D. KORTUM
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 110984
United States Courthouse
312 North Spring Street, 14th Floor
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

13
14
15

UNITED STATES OF AMERICA,

16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff,
vs.
$721,701.00 SEIZED FROM MERRILL
LYNCH BROKERAGE ACCOUNT
NO.‘2504; $398,093.00 SEIZED
FROM CREDIT SUISSE BROKERAGE
ACCOUNT NO. ‘5863; $234,915.00
SEIZED FROM FIDELITY BROKERAGE
SERVICES, LLC BROKERAGE ACCOUNT
NO. ‘5228; $201,000.00 SEIZED
FROM FIDELITY BROKERAGE
SERVICES, LLC BROKERAGE ACCOUNT
NO. ’8194; $150,918.00 SEIZED
FROM CITIGROUP GLOBAL MARKETS,
INC. BROKERAGE ACCOUNT NO.
‘2856; $110,344.41 SEIZED FROM
WELLS FARGO BANK ACCOUNT NO.
‘3577; $59,599.00 SEIZED FROM
CREDIT SUISSE BROKERAGE ACCOUNT
NO. ‘7108; $59,561.00 SEIZED
FROM CREDIT SUISSE BROKERAGE
ACCOUNT NO. ‘7090; $59,558.00
SEIZED FROM CREDIT SUISSE

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

1

No.: SACV 14-00206-AG (JPRx)
[PROPOSED]
CONSENT JUDGMENT [40]

[This Judgment disposes of one
of the defendant assets and one
claimant. It is not casedispositive]

1
2
3
4
5
6

BROKERAGE ACCOUNT NO. ‘7082;
AND $59,526.00 SEIZED FROM
CREDIT SUISSE BROKERAGE ACCOUNT
NO. ‘7074,

)
)
)
)
)
)
Defendants.
_______________________________ )
)
TIMOTHY DECINCES,
)
)
Claimant.
)
)

7

This civil forfeiture action was commenced on February 12,

8

2014.

9

timely claim on March 19, 2014 to the defendant $150,918 seized

10
11
12

Timothy DeCinces (“DeCinces”) (the “Claimant”) filed a

from Citigroup Global Markets, Inc. Brokerage Account No. ‘2856
(Asset ID No. 09-IRS-0996) (“defendant asset”).

Dkt. 9.

No

party other than DeCinces has made a claim against the defendant

13
asset and no other party is believed to have an interest in the
14
defendant asset.

Plaintiff and Claimant have made a stipulated

15
request for the entry of this consent judgment of forfeiture
16
17
18
19

resolving all claims concerning the defendant asset.
The Court has been duly advised of and has considered the
matter.

Based upon the Stipulation and mutual consent of

20

plaintiff United States and DeCinces, and good cause appearing

21

therefor, the Court hereby ORDERS, ADJUDGES AND DECREES as

22

follows:

23

$75,459.00 of the $150,918 seized from Citigroup Global

24

Markets, Inc. Brokerage Account ‘2856 and fifty percent (50%) of

25

all interest earned by the government on the entirety of the

26

defendant asset since seizure, shall be forfeited to the United

27

States, and no other right, title, or interest shall exist

28

therein.

The remaining portion of the defendant asset,

2

1

$75,459.00, and fifty percent (50%) of all interest earned by

2

the government on the entirety of the defendant asset since

3

seizure, shall be returned to the Claimant.

4

made payable via ACH deposit to the Trust Account of the Law

5

Office of David W. Wiechert at David W. Wiechert Law Offices,

6

115 Avenida Miramar, San Clemente, California 92672.

7

shall provide all information needed by the government to make

8

said payment in accordance with federal law.

9

The funds are to be

Claimant

The Court finds that there was reasonable cause for the

10

seizure of the defendant asset and the institution of this

11

action against the defendant asset.

12

be construed as a certificate of reasonable cause pursuant to 28

13

U.S.C. § 2465.

14

costs in connection with the seizure, retention and forfeiture

15

of the defendant asset.

16

DATED: March 27

Each of the parties shall bear its own fees and

, 2015
THE HONORABLE DAVID O. CARTER
UNITED STATES DISTRICT JUDGE

17
18

Presented by:

19
20
21
22
23
24
25
26
27
28

This consent judgment shall

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
/S/
FRANK D. KORTUM
Assistant United States Attorney
Attorney for Plaintiff
UNITED STATES OF AMERICA

3