United States of America v. $234,824.81 In Funds Seized From One Fidelity Investments, Inc. Account et al

Filing 28

CONSENT JUDGMENT OF FORFEITURE BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND THE CLAIMANTS by Judge James V. Selna. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Claimants' interests in the defendants shall be and hereby are condemned and forfeited to the United States of America, which shall dispose of those items in accordance with law. Claimants hereby releases the United States of America. The Court further finds that Claimants did not substantially prevail in this action, an d the parties hereto shall bear their own attorney fees and costs. The United States of America and claimants consent to this judgment and waive any right to appeal this judgment. (SEE DOCUMENT FOR FURTHER INFORMATION) (es) Modified on 3/13/2019 (es).

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1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 SOUTHERN DIVISION 15 16 17 18 UNITED STATES OF AMERICA, Plaintiff, v. 19 CONSENT JUDGMENT OF FORFEITURE BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND THE CLAIMANTS $234,824.81 IN FUNDS SEIZED FROM ONE FIDELITY INVESTMENTS, INC. ACCOUNT, ET AL., 20 No. SACV 18-00626-JVS(JDEx) Defendants. 21 MIHAE PARK, GEORGE RAY KERCIU, 22 AND THE KERCIU LIVING TRUST, 23 Claimants. 24 25 Pursuant to the stipulation and request of Plaintiff United 26 States of America and Claimants Mihae Park, George Ray Kerciu and The 27 Kerciu Living Trust (“Claimants”), the Court hereby enters this 28 Consent Judgment of Forfeiture containing the terms set forth below: 1 On or about April 16, 2018, Plaintiff United States of America 2 (“the government,” “the United States of America” or “plaintiff”) 3 filed a Verified Complaint For Forfeiture alleging that defendants 4 $234,824.81 in Funds Seized from One Fidelity Investments, Inc. 5 Account, $50,800.00 in Funds Seized From One Allstar Capital Group, 6 Inc. Account, $6,857.70 in Funds Seized from One JPMorgan Chase 7 Account, and $128,600.00 in Funds Representing the Substitute Res for 8 One 2012 Ferrari California, (jointly the “defendants”) are subject 9 to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A) & (C) and § 21 10 11 12 13 14 15 U.S.C. § 984. On or about May 9, 2018, claimants Mihae Park, George R. Kerciu, and The Kerciu Living Trust filed a claim to the defendants. No other parties have appeared in this case and the time for filing claims and answers has expired. The United States of America and Claimants have now agreed to 16 settle this action relative to the disputes between them and to avoid 17 further litigation by entering into this Consent Judgment of 18 Forfeiture. 19 The Court, having been duly advised of and having considered the 20 matter, and based on the mutual consent of the United States of 21 America and the Claimants, 22 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 23 1. As between the United States of America and Claimants with 24 respect to the defendants, this Court has jurisdiction over the 25 subject matter of this action and the parties to this Consent 26 Judgment of Forfeiture. 27 28 2. As between the United States of America and Claimants, the Complaint for Forfeiture states a claim for relief pursuant to 18 2 1 2 U.S.C. §§ 981(a)(1)(A) and (C) and 18 U.S.C. § 984. 3. Notice of this action has been given as required by law. 3 No appearances have been made in the litigation by any person other 4 than Claimants. 5 except Mihae Park, George R. Kerciu, and The Kerciu Living Trust, 6 admit the allegations of the Complaint for Forfeiture to be true. 7 4. The Court deems that all other potential claimants Claimants’ interests in the defendants, $234,824.81 in 8 Funds Seized from One Fidelity Investments, Inc. Account, $50,800.00 9 in Funds Seized From One Allstar Capital Group, Inc. Account, 10 $6,857.70 in Funds Seized from One JPMorgan Chase Account, 11 $128,600.00 in Funds Representing the Substitute Res for One 2012 12 Ferrari California, shall be and hereby are condemned and forfeited 13 to the United States of America, which shall dispose of those items 14 in accordance with law. 15 5. Claimants hereby releases the United States of America, its 16 agencies, agents, officers, employees and representatives, including, 17 without limitation, all agents, officers, employees and 18 representatives of representatives of the United States Postal 19 Inspection Service or the Department of Justice and their respective 20 agencies, as well as all agents, officers, employees and 21 representatives of any state or local governmental or law enforcement 22 agency involved in the investigation or prosecution of this matter, 23 from any and all claims (including, without limitation any petitions 24 for remission), actions or liabilities arising out of or related to 25 this action, including, without limitation, any claim for attorney 26 fees, costs and interest, which may be asserted by or on behalf of 27 the Claimants with respect to the defendants, whether pursuant to 28 28 U.S.C. § 2465 or otherwise. 3 1 6. As between the United States of America and Claimants, (i) 2 the Court finds that there was reasonable cause for the seizure of 3 the defendants and institution of these proceedings; and (ii) this 4 judgment shall be construed as a certificate of reasonable cause 5 pursuant to 28 U.S.C. § 2465. 6 7. As between the United States of America and Claimants, the 7 Court further finds that Claimants did not substantially prevail in 8 this action, and the parties hereto shall bear their own attorney 9 fees and costs. 10 11 8. The United States of America and claimants consent to this judgment and waive any right to appeal this judgment. 12 13 14 15 16 DATED: March 12, 2019 HONORABLE JAMES V. SELNA UNITED STATES DISTRICT JUDGE Presented by: 17 18 19 20 21 22 23 24 25 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/ Brent A. Whittlesey BRENT A. WHITTLESEY Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA 26 27 28 4

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