United States of America v. One 2011 Mercedes-Benz SL63 AMG, et al.

Filing 58

CONSENT JUDGMENT OF FORFEITURE by Judge Cormac J. Carney. IS ORDERED, ADJUDGED AND DECREED THAT: This Court has jurisdiction over Plaintiff, Claimant, the Defendant Assets and the subject matter of this action. The United States of America shall have judgment as to $165,291.50 of the defendant funds, plus any interest earned thereon since the seizure. Related to: Stipulation/Request 56 . ( MD JS-6. Case Terminated ).SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)

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JS-6

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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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UNITED STATES OF AMERICA,
Plaintiff,
vs.

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NO. SACV 16-00458-CJC(DFWx

ONE 2011 MERCEDES-BENZ SL63 AMG,
$4,000.00 IN U.S. CURRENCY,
$322,980.00 IN U.S. CURRENCY,
$7,603.00 IN U.S. CURRENCY, ONE
MEN’S ROLEX WATCH, AND ELEVEN
ASSORTED WATCHES,
Defendants.
________________________________

CONSENT JUDGMENT
OF FORFEITURE

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LINH THI TRAN DANG,
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Claimant.

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This action was filed on March 9, 2016, and notice was given

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and published in accordance with law.

Claimant Linh Thi Tran Dang

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(“Claimant”), from whose residence the defendants $322,980.00 in

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U.S. Currency, $7,603.00 in U.S. Currency, One Men’s Rolex Watch,

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and Eleven Assorted Watches (collectively, the “Defendant Assets”)

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were seized, filed a timely claim for return of the Defendant

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Assets.

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filed, and the time for filing claims has expired.

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No other claims related to the Defendant Assets have been

Plaintiff and Claimant have reached an agreement that is

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dispositive of the entire action, and they stipulate and request

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that judgment be entered on the following terms.

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The Court has reviewed the stipulation and request of the

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parties to enter judgment and, good cause appearing therefor, IT

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IS ORDERED, ADJUDGED AND DECREED THAT:

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This Court has jurisdiction over Plaintiff, Claimant, the
Defendant Assets and the subject matter of this action.
Notice of this action has been given in accordance with law,

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and all potential claimants to the Defendant Assets (other than

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Claimant) are deemed to have admitted the allegations of the

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Complaint.

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sufficient to establish a basis for forfeiture.

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The allegations set forth in the Complaint are

The United States of America shall have judgment as to

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$165,291.50 of the defendant funds, plus any interest earned

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thereon since the seizure.

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any right, title or interest in the funds forfeited to the United

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States.

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accordance with law. Nothing in this consent judgment is intended

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or should be interpreted as an admission of wrongdoing by

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Claimant.

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No other person or entity shall have

The government is ordered to dispose of said funds in

No later than sixty days after the date this judgment is

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entered, or sixty days after Claimant provides the information

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described below, whichever is later, the government shall return

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to Claimant $165,291.50 of the defendant funds, without interest,

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and the defendant One Men's Rolex Watch and Eleven Assorted

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Watches.

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If the United States elects to make the payment of the

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$165,291.50 by check, the check shall be payable to the “John R.

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Cogorno Law Office client trust account,” and mailed to Claimant

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in care of her attorney, Mr. John R. Cogorno, 14121 Beach

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Boulevard, Westminster, California 92683.

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elects to make the payment by wire transfer, the funds shall be

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wire transferred to the John R. Cogorno Law Office Client Trust

If the United States

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Account.

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provide her personal identifying information and any necessary

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bank account information necessary to complete the transfer.

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The Court finds that there was reasonable cause for the

Upon request from the United States, Claimant shall

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seizure of the Defendant Assets and institution of these

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proceedings. This judgment shall be construed as a certificate of

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reasonable cause pursuant to 28 U.S.C. § 2465.

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parties shall bear its own costs and fees.

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Each of the

IT IS SO ORDERED.

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Dated: July 23, 2018

________________________________
THE HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE

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SIGNATURES ON NEXT PAGE

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Approved as to form and content:

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DATED: July 13, 2018

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NICOLA T. HANNA
United States Attorney
LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
/s/John J. Kucera
JOHN J. KUCERA
Assistant United States Attorney

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Attorneys for Plaintiff
United States of America

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DATED: July 23, 2018

__________________________
JOHN R. COGORNO
Attorney for Claimant,
Linh Thi Tran Dang

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