United States of America v. 36,559 in United States Currency

Filing 34

AMENDED CONSENT JUDGMENT by Judge Josephine L. Staton: WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: This Court has jurisdiction over this action pursuant to 28 U.S.C. 1345 and 1355 and over the parties hereto; All right, title and interest in  6;19,818.00 of the defendant currency shall be forfeited to the United States of America. The government shall dispose of the defendant currency according to law; $16,741.00 of the defendant currency, without interest, shall be returned to the Ursula Esparza Martinez. See document for further information. (lwag)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION
No. SACV 15-00440-JLS (DFM)

UNITED STATES OF AMERICA,

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Plaintiff,

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v.

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AMENDED CONSENT JUDGMENT

$36,559 IN U.S. CURRENCY
Defendant.

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_______________________

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URSULA ESPARZA MARTINEZ

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Claimant.

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This action was filed on March 18, 2015 against the defendant $36,559.00 in U.S.

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Currency (“defendant currency”). George Martinez, from whom the defendant currency

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was seized, is deceased. His wife, Ursula Esparza Martinez, claims an interest in the

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defendant currency. Ursula Esparza Martinez filed a claim and an answer to the

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complaint. No person other than George Martinez or Ursula Esparza Martinez is

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believed to have an interest in the defendant currency. No other claims or answers have

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been filed, and the time for filing such statements of interest and answers has expired.

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Plaintiff United States of America and Ursula Esparza Martinez have reached an

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agreement that is dispositive of the action, and have requested that this consent judgment

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be entered. Nothing in this consent judgment is intended or should be interpreted as an

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admission of wrongdoing by Ursula Esparza Martinez.

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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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A.

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This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345

and 1355 and over the parties hereto.
B.

The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C.

§ 981(a)(1)(C), 21 U.S.C. § 841(a)(1)(C) and 21 U.S.C. § 881(a)(6).
C.

Notice of this action has been given in accordance with law. All potential

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claimants to the defendant currency other than Ursula Esparza Martinez are deemed to

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have admitted the allegations of the Complaint. The allegations set out in the complaint

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are sufficient to establish a basis for forfeiture.

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D.

All right, title and interest in $19,818.00 of the defendant currency shall be

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forfeited to the United States of America. The government shall dispose of the

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defendant currency according to law.

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E.

$16,741.00 of the defendant currency, without interest, shall be returned to

the Ursula Esparza Martinez.
F.

The funds to be returned to Ursula Esparza Martinez shall, at the

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government’s option, be returned by either check or wire transfer within 60 days of the

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date this Judgment is entered. If the United States elects to make the payment by check,

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the check will be payable to “The Law Offices of Paul L. Gabbert client trust account,”

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and mailed to Ursula Esparza Martinez, in care of her attorney, Paul L. Gabbert, Esq.,

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2115 Main Street, Santa Monica, California 90405. If the United States elects to make

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the payment by wire transfer, the funds will be wire transferred to a bank account

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designated by Ursula Esparza Martinez. Ursula Esparza Martinez agrees to provide the

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necessary bank account information and personal identifiers upon request from the

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United States.

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G.

Ursula Esparza Martinez has released the United States of America, its

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agencies, agents, and officers, including employees and agents of the Federal Bureau of

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Investigations, from any and all claims, actions or liabilities arising out of or related to

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this action, including, without limitation, any claim for attorney’s fees, costs or interest

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which may be asserted on his behalf, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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H.

The Court finds that there was reasonable cause for the institution of these

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proceedings. This Judgment shall be construed as a certificate of reasonable cause

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pursuant to 28 U.S.C. § 2465.

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Dated: October 30, 2015

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_____________________________________
THE HONORABLE JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE

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