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

Filing 30

FIRST AMENDED CONSENT JUDGMENT OF FORFEITURE BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND CLAIMANTS MIHAE PARK, GEORGE RAY KERCIU AND THE KERCIU LIVING TRUST by Judge James V. Selna: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: The Cla imants interests in the defendants $234,824.81 in Funds Seized from One Fidelity Investments, Inc. Account, $50,800.00 in Funds Seized From One Allstar Capital Group, Inc. Account, $6,857.70 in Funds Seized from One JPMorgan Chase Account, One 2015 Volkswagen GTI, and $128,600.00 in Funds Representing the Substitute Res for One 2012 Ferrari California, shall be and hereby are condemned and forfeited to the United States of America, which shall dispose of those items in accordance with law. The Claimants hereby release the United States of America. The parties hereto shall bear their own attorney fees and costs. (See document for further information.) 29 (es)

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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
$234,824.81 IN FUNDS SEIZED
FROM ONE FIDELITY INVESTMENTS,
INC. ACCOUNT, ET AL.,

No. SACV 18-00626-JVS(JDEx)
FIRST AMENDED CONSENT JUDGMENT OF
FORFEITURE BETWEEN PLAINTIFF
UNITED STATES OF AMERICA AND
CLAIMANTS MIHAE PARK, GEORGE RAY
KERCIU AND THE KERCIU LIVING TRUST

Defendants.
MIHAE PARK, GEORGE RAY KERCIU,

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Claimants.
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Pursuant to the stipulation and request of Plaintiff United

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States of America and Claimants Mihae Park, George Ray Kerciu and The

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Kerciu Living Trust (the “Claimants”), the Court hereby enters this

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Consent Judgment of Forfeiture containing the terms set forth below:

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On or about April 16, 2018, Plaintiff United States of America

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(“the government,” “the United States of America” or “plaintiff”)

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filed a Verified Complaint for Forfeiture alleging that defendants

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$234,824.81 in Funds Seized from One Fidelity Investments, Inc.

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Account, $50,800.00 in Funds Seized From One Allstar Capital Group,

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Inc. Account, $6,857.70 in Funds Seized from One JPMorgan Chase

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Account, One 2015 Volkswagen GTI, and $128,600.00 in Funds

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Representing substitute res for One 2012 Ferrari California, (jointly

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the “defendants”) are subject to forfeiture pursuant to 18 U.S.C. §§

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981(a)(1)(A) & (C) and § 21 U.S.C. § 984.

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On or about May 9, 2018, the Claimants 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 the Claimants have now agreed

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to settle this action relative to the disputes between them and to

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avoid further litigation by entering into this Consent Judgment of

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Forfeiture.

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The Court, having been duly advised of and having considered the

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matter, and based on the mutual consent of the United States of

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America and the Claimants,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

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1.

As between the United States of America and the Claimants

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with respect to the defendants, this Court has jurisdiction over the

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subject matter of this action and the parties to this Consent

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Judgment of Forfeiture.

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2.

As between the United States of America and the Claimants,

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the Complaint for Forfeiture states a claim for relief pursuant to 18

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U.S.C. §§ 981(a)(1)(A) and (C) and 18 U.S.C. § 984.

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3.

Notice of this action has been given as required by law.

No appearances have been made in the litigation by any person other
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than the Claimants.

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claimants except Mihae Park, George R. Kerciu, and The Kerciu Living

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Trust, admit the allegations of the Complaint for Forfeiture to be

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true.

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4.

The Court deems that all other potential

The Claimants’ interests in the defendants $234,824.81 in

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Funds Seized from One Fidelity Investments, Inc. Account, $50,800.00

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in Funds Seized From One Allstar Capital Group, Inc. Account,

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$6,857.70 in Funds Seized from One JPMorgan Chase Account, One 2015

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Volkswagen GTI, and $128,600.00 in Funds Representing the Substitute

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Res for One 2012 Ferrari California, shall be and hereby are

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condemned and forfeited to the United States of America, which shall

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dispose of those items in accordance with law.

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5.

The Claimants hereby release the United States of America,

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its agencies, agents, officers, employees and representatives,

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

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representatives of the Internal Revenue Service-Criminal

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Investigation, Department of Homeland Security, Immigration and

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Customs Enforcement, Homeland Security Investigations, and the

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

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agents, officers, employees and representatives of any state or local

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governmental or law enforcement agency involved in the investigation

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or prosecution of this matter, from any and all claims (including,

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without limitation any petitions for remission), actions or

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liabilities arising out of or related to this action, including,

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without limitation, any claim for attorney fees, costs and interest,

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which may be asserted by or on behalf of the Claimants with respect

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to the defendants, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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6.

As between the United States of America and the Claimants,
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(i) the Court finds that there was reasonable cause for the seizure

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of the defendants and institution of these proceedings; and (ii) this

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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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7.

As between the United States of America and the Claimants,

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the Court further finds that the Claimants did not substantially

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prevail in this action, and the parties hereto shall bear their own

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attorney fees and costs.

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8.

The United States of America and the Claimants consent to

this judgment and waive any right to appeal this judgment.

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DATED: April 03, 2019
HONORABLE JAMES V. SELNA
UNITED STATES DISTRICT JUDGE
Presented by:

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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/ Brent A. Whittlesey
BRENT A. WHITTLESEY
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA

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