United States of America v. 50,900.00 USD

Filing 19

CONSENT JUDGMENT by Judge Cormac J. Carney (MD JS-6. Case Terminated) (mt)

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JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

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UNITED STATES OF AMERICA,

No. SACV 16-02024-CJC (JCGx)

Plaintiff,
v.

CONSENT JUDGMENT

$50,900.00 IN U.S. CURRENCY,
Defendant.
DONALD KELLY,
Claimant.

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This action was filed on November 7, 2016 against the defendant $50,900.00 in

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U.S. Currency (“defendant currency”). Claimant Donald Kelly (“Kelly”) filed a claim

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on January 20, 2017. No person other than Kelly is believed to have an interest therein.

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Notice has been given and published in accordance with law. No other claims or

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answers have been filed, and the time for filing claims and answers has expired. Plaintiff

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United States of America and Kelly have reached an agreement that is dispositive of the

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action and have requested that this consent judgment be entered. Nothing in this consent

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judgment is intended or should be interpreted as an admission of wrongdoing by Kelly.

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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 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 Kelly are deemed to have admitted the

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allegations of the Complaint. The allegations set out in the Complaint are sufficient to

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establish a basis for forfeiture.

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D.

$10,000.00 of the defendant currency shall be returned to Kelly without

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interest, and shall be paid to Kelly no later than sixty days of the date this Judgment is

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entered or the date Kelly provides the information described below, whichever is later.

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If the United States elects to make the payment by check, the check shall be payable to

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“The Lentz Law Firm Client Trust Account.” If the United States elects to make the

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payment by wire transfer, the funds shall be wire transferred to The Lentz Law Firm

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Client Trust Account. Jacek Lentz agrees to provide the necessary bank account

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information and personal identifiers for his trust account upon request from the United

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States.

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E.

The United States of America shall have judgment as to the remaining

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$40,900.00 of the defendant currency, together with all interest earned by the

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government on the full amount of the defendant currency since seizure, and no other

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person or entity shall have any right, title or interest therein.

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F.

Kelly agrees to waive any and all attorney fees and costs.

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G.

Kelly has released the United States of America, its agencies, agents,

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officers, employees and representatives, including, without limitation, all agents,

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officers, employees and representatives of the United States Postal Inspection Service

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and the Department of Justice and their respective agencies, as well as all agents,

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officers, employees and representatives of any state or local governmental or law

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enforcement agency involved in the investigation or prosecution of this matter, from any

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and all claims (including, without limitation, any petitions for remission, which Kelly

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hereby withdraws), actions or liabilities arising out of or related to this action, including,

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without limitation, any claim for attorney fees, costs and interest, which may be asserted

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by or on behalf of Kelly, whether pursuant to 28 U.S.C. § 2465 or otherwise.
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: February 14, 2017

_____________________________________
THE HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE

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