United States of America v. Approximately $30,000.00 seized from Wells Fargo Bank savings account number 6760837085

Filing 6

CONSENT JUDGMENT OF FORFEITURE signed by Judge Kimberly J. Mueller on 7/10/13. CASE CLOSED(Kastilahn, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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2:13-MC-00035-KJM-AC
CONSENT JUDGMENT OF
FORFEITURE

APPROXIMATELY $30,000.00 SEIZED
FROM WELLS FARGO BANK SAVINGS
ACCOUNT NUMBER 6760837085, HELD IN
THE NAME OF JUAN VALDES,

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Defendant.

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Pursuant to the Stipulation for Consent Judgment of Forfeiture, the Court finds:

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1.

On November 6, 2012, the Internal Revenue Service (“IRS”) executed a

21 Federal seizure warrant at Wells Fargo Bank located at 400 Capitol Mall, Sacramento,
22 California. The agents seized Approximately $30,000.00 from Wells Fargo Bank savings
23 account number 6760837085 (hereafter “defendant funds”), held in the name of Juan
24 Valdes. The IRS then commenced administrative forfeiture proceedings, sending written
25 notice to all known potential claimants and publishing legal notice to all others. On
26 January 3, 2013, the IRS received a claim from Juan Valdes asserting an ownership
27 interest in the defendant funds. The IRS received no other claims.
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2.

The United States represents that it could show at a forfeiture trial that
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Consent Judgment of Forfeiture

1 between August 1, 2012 and August 13, 2012, in the Eastern District of California,
2 structured transactions were made by breaking up currency deposits at or below
3 $10,000.00 to evade the currency transaction requirement in violation of 31 U.S.C. §
4 5324(a)(3). In particular, and as specified in greater detail in the affidavit in support of
5 seizure warrant 2:12-SW-00719-GGH, between August 1, 2012 and August 13, 2012 at
6 least $30,000.00 in currency was structured into Wells Fargo Bank savings account
7 number 6760837085, held in the name of Juan Valdes.
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3.

The United States represents that it could further show at a forfeiture trial

9 that the defendant funds are forfeitable to the United States pursuant to 31 U.S.C. §
10 5317(c)(2) (incorporating the procedures governing civil forfeitures in money laundering
11 cases pursuant to 18 U.S.C. § 981(a)(1)(A) and 18 U.S.C. § 984).
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4.

Without admitting the truth of the factual representations contained above,

13 Juan Valdes specifically denying the same, and for the purpose of reaching an amicable
14 resolution and compromise of this matter, Juan Valdes agrees it is possible that the
15 United States could prove that an adequate factual basis exists to support forfeiture of
16 the defendant funds. Juan Valdes acknowledges that he is the sole owner of the
17 defendant funds, and that no other person or entity has any legitimate claim of interest
18 therein. Should any person or entity institute any kind of claim or action against the
19 government with regard to its forfeiture of the defendant funds, Juan Valdes shall hold
20 harmless and indemnify the United States, as set forth below.
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5.

This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and

22 1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture
23 occurred.
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6.

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

25 district in which the defendant funds were seized.
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7.

The parties herein desire to settle this matter pursuant to the terms of a

27 duly executed Stipulation for Consent Judgment of Forfeiture.
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Based upon the above findings, and the files and records of the Court, it is hereby
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Consent Judgment of Forfeiture

1 ORDERED AND ADJUDGED:
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8.

The Court adopts the Stipulation for Consent Judgment of Forfeiture

3 entered into by and between the parties.
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9.

Upon entry of this Consent Judgment of Forfeiture, $22,500.00 of the

5 $30,000.00 seized from Wells Fargo Bank savings account number 6760837085, together
6 with any interest that may have accrued on the total amount seized, shall be forfeited to
7 the United States pursuant to 31 U.S.C. § 5317(c)(2), 18 U.S.C. § 981(a)(1)(A) and 18
8 U.S.C. § 984, to be disposed of according to law.
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10.

Upon entry of this Consent Judgment of Forfeiture, but no later than 60

10 days thereafter, $7,500.00 of the $30,000.00 seized from Wells Fargo Bank savings
11 account number 6760837085 shall be returned to potential claimant Juan Valdes through
12 attorney Mark A. Pruner.
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11.

The United States of America and its servants, agents, and employees and

14 all other public entities, their servants, agents and employees, are released from any and
15 all liability arising out of or in any way connected with the seizure or forfeiture of the
16 defendant funds. This is a full and final release applying to all unknown and
17 unanticipated injuries, and/or damages arising out of said seizure or forfeiture, as well as
18 to those now known or disclosed. The parties waived the provisions of California Civil
19 Code § 1542.
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12.

Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein,

21 the Court finds that there was reasonable cause for the seizure of the defendant funds
22 and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered
23 accordingly.
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13.

No portion of the stipulated settlement, including statements and/or

25 admissions made therein, shall be admissible in any criminal action pursuant to Rules
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Consent Judgment of Forfeiture

1 408 and 410(a)(4) of the Federal Rules of Evidence, without any of the enumerated
2 exceptions.
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14.

All parties will bear their own costs and attorney’s fees.

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IT IS SO ORDERED.

5 DATED: July 10, 2013
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF REASONABLE CAUSE
Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, the

10 Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that
11 there was reasonable cause for the seizure of the above-described defendant funds.
12 DATED: July 10, 2013
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UNITED STATES DISTRICT JUDGE

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Consent Judgment of Forfeiture