United States of America v. Approximately $2,663.00 in U.S. Currency et al

Filing 50

CONSENT JUDGMENT signed by Judge John A. Mendez on 6/17/13. CASE CLOSED. (Meuleman, A)

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BENJAMIN B. WAGNER
United States Attorney
JASON HITT
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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APPROXIMATELY $2,663.00 IN
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U.S. CURRENCY, and
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APPROXIMATELY $791.00 IN U.S. )
CURRENCY,
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Defendants.
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______________________________)

2:06-MC-00116-JAM-EFB

CONSENT JUDGMENT OF FORFEITURE

Pursuant to the Stipulations for Consent Judgment of
Forfeiture, the Court finds:
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On or about August 15, 2006, potential claimant Maria

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Isabel Chavez (“Chavez”) filed a claim in the administrative

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forfeiture proceedings with the Drug Enforcement Administration

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("DEA") with respect to the approximately $2,663.00 in U.S.

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Currency and approximately $791.00 in U.S. Currency (the "defendant

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currency"), seized on or about May 30, 2006.

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18, 2006, potential claimant Francisco Vega (“Vega”) filed a claim

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with DEA to the defendant currency.
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On or about August

Consent Judgment of Forfeiture

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2.

On June 8, 2006, a Grand Jury in the Eastern District of

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California charged Vega and Chavez with Conspiracy to Distribute

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and Possess with Intent to Distribute at Least 50 Grams of

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Methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846,

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among other drug related violations.

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Vega, et al., 2:06-CR-00236-TLN.

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3.

See U.S. v. Francisco Emillio

The parties entered into numerous stipulations to extend

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the United States’ time to file against the defendant currency in

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this action.

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4.

On November 20, 2009, the United States of America and

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defendant Vega entered into a plea agreement in which he pled

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guilty to Count Four of the Indictment charging him with Possession

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with the Intent to Distribute at least 50 grams of Methamphetamine

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(actual) in violation of 21 U.S.C. § 841(a)(1).

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dismissing the Indictment against Chavez was filed on June 13,

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2013.

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5.

An Order

Vega stipulated and agreed that the defendant currency

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constitutes, or is derived from, proceeds obtained, directly or

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indirectly, as a result of a violation of 21 U.S.C. § 841(a)(1).

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Chavez agreed that an adequate factual basis exists to support

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forfeiture of the defendant currency.

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6.

Chavez and Vega acknowledged that they are the sole

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owners of the defendant currency and that no other person or entity

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has any legitimate claim of interest therein.

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entity institute any kind of claim or action against the government

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with regard to its forfeiture of the defendant currency, Chavez and

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Vega agreed to hold harmless and indemnify the United States.

Should any person or

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2

Consent Judgment of Forfeiture

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Chavez waived any filing deadlines that may apply to the civil

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forfeiture of the defendant currency pursuant to 18 U.S.C. § 983.

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7.

This Court has jurisdiction in this matter pursuant to 28

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U.S.C. §§ 1345 and 1355, as this is the judicial district in which

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acts or omissions giving rise to the forfeiture occurred.

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8.

This Court has venue pursuant to 28 U.S.C. § 1395, as this

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is the judicial district in which the defendant currency was

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seized.

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9.

The parties herein desire to settle this matter pursuant

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to the terms of duly executed Stipulations for Consent Judgment of

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Forfeiture.

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Based upon the above findings, and the files and records of
the Court, it is hereby ORDERED AND ADJUDGED:
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The Court adopts the Stipulations for Consent Judgment of

Forfeiture entered into by and between the parties.
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All right, title, and interest in the defendant currency

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shall be forfeited to the United States pursuant to 21 U.S.C. §

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881(a)(6), to be disposed of according to law.

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12.

The United States of America and its servants, agents,

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and employees and all other public entities, their servants, agents

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and employees, are released from any and all liability arising out

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of or in any way connected with the seizure and forfeiture of the

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defendant currency.

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all unknown and unanticipated injuries, and/or damages arising out

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of said seizure and forfeiture, as well as to those now known or

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disclosed.

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Code § 1542.

This is a full and final release applying to

The parties waived the provisions of California Civil

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Consent Judgment of Forfeiture

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13.

No portion of the stipulated settlements, including

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statements or admissions made therein, shall be admissible in any

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criminal action pursuant to Rules 408 and 410(4) of the Federal

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Rules of Evidence.

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14.

All parties will bear their own costs and attorneys’

fees.
IT IS SO ORDERED.
DATED: 6/17/2013

/s/ John A. Mendez
JOHN A. MENDEZ
United States District Court Judge

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Consent Judgment of Forfeiture