United States of America v. Approximately $237,600.00 seized from Wells Fargo Bank Account Number 9553734865, held in the name of Triple As Sporting Goods et al

Filing 4

CONSENT JUDGMENT signed by District Judge Troy L. Nunley on 7/30/2013 ORDERED AND ADJUDGED Upon entry of this Consent Judgment of Forfeiture, $165,100 of the $237,600 seized from Wells Fargo Bank Acct #9553734865 and $1,151.96 seized f rom Wells Fargo Bank Acct #3445818432, together with any interest that may have accrued on the total amount seized, shall be forfeited to the US pursuant to 31:5317(c)(2), 18 U.S.C. Sec 981(a)(1)(A) and 18:984, to be disposed of according to law. Upo n entry of this Consent Judgment of Forfeiture, but no later than 60 days thereafter, $72,500 of the $237,600 seized from Wells Fargo Bank Acct #9553734865 shall be returned to potential claimant Aris C. Toledo through attorney Dirk L. Mano ukian. All parties will bear their own costs and attorney's fees. CERTIFICATE OF REASONABLE CAUSE Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28:2465, that there was reasonable cause for the seizure of the defendant funds. CASE CLOSED(Reader, L)

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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: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 v. 13 14 15 16 17 18 2:13-MC-00053-TLN-EFB CONSENT JUDGMENT OF FORFEITURE APPROXIMATELY $237,600.00 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 9553734865, HELD IN THE NAME OF TRIPLE A’S SPORTING GOODS, and APPROXIMATELY $1,151.96 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 3445818432, HELD IN THE NAME OF ARIS C. TOLEDO, 19 Defendants. 20 21 22 Pursuant to the Stipulation for Consent Judgment of Forfeiture, the Court finds: 23 1. On January 3, 2013, the Internal Revenue Service – Criminal Investigation 24 (“IRS”), executed Federal seizure warrants at Wells Fargo Bank located at 3001 Capitol 25 Avenue, Sacramento, California. The agents seized Approximately $237,600.00 from 26 Wells Fargo Bank Account Number 9553734865, held in the name of Triple A’s Sporting 27 Goods and Approximately $1,151.96 from Wells Fargo Bank Account Number 28 3445818432, held in the name of Aris C. Toledo (hereafter “defendant funds”). The IRS 1 Consent Judgment of Forfeiture 1 then commenced administrative forfeiture proceedings, sending direct written notice to 2 all known potential claimants and publishing notice to all others. On or about March 1, 3 2013, the IRS received a claim from Aris C. Toledo asserting an ownership interest in the 4 defendant funds. 5 2. The United States represents that it could show at a forfeiture trial that 6 between May 7, 2012 and August 28, 2012, in the Eastern District of California, Aris C. 7 Toledo or another person acting for his benefit, structured transactions by breaking up 8 currency deposits at or below $10,000.00 to evade the currency transaction requirement 9 in violation of 31 U.S.C. § 5324(a)(3). In particular, and as specified in greater detail in 10 the affidavit in support of seizure warrants 2:13-SW-0001-AC and 2:13-SW-0002-AC, 11 between May 7, 2012 and August 28, 2012, $207,500 in currency was structured into 12 Wells Fargo Bank personal account number 3445818432 and $237,600 in currency was 13 structured into Wells Fargo Bank business account number 9553734865. 14 3. The United States could further show at a forfeiture trial that the defendant 15 funds are forfeitable to the United States pursuant to 31 U.S.C. § 5317(c)(2) 16 (incorporating the procedures of 18 U.S.C. § 981(a)(1)(A) and 18 U.S.C. § 984). 17 4. Without admitting the truth of the factual assertions contained above, Aris 18 C. Toledo specifically denying the same, and for the purpose of reaching an amicable 19 resolution and compromise of this matter, Aris C. Toledo agrees that an adequate factual 20 basis exists to support forfeiture of the defendant funds. Aris C. Toledo acknowledges 21 that he is the sole owner of the defendant funds, and that no other person or entity has 22 any legitimate claim of interest therein. Should any person or entity institute any kind of 23 claim or action against the government with regard to its forfeiture of the defendant 24 funds, Aris C. Toledo shall hold harmless and indemnify the United States, as set forth 25 below. 26 5. This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and 27 1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture 28 occurred. 2 Consent Judgment of Forfeiture 1 6. This Court has venue pursuant to 28 U.S.C. § 1395, as this is the judicial 2 district in which the defendant funds were seized. 3 7. The parties herein desire to settle this matter pursuant to the terms of a 4 duly executed Stipulation for Consent Judgment of Forfeiture. 5 Based upon the above findings, and the files and records of the Court, it is hereby 6 ORDERED AND ADJUDGED: 7 8. The Court adopts the Stipulation for Consent Judgment of Forfeiture 8 entered into by and between the parties. 9 9. Upon entry of this Consent Judgment of Forfeiture, $165,100.00 of the 10 $237,600.00 seized from Wells Fargo Bank Account Number 9553734865 and $1,151.96 11 seized from Wells Fargo Bank Account Number 3445818432, together with any interest 12 that may have accrued on the total amount seized, shall be forfeited to the United States 13 pursuant to 31 U.S.C. § 5317(c)(2), 18 U.S.C. § 981(a)(1)(A) and 18 U.S.C. § 984, to be 14 disposed of according to law. 15 10. Upon entry of this Consent Judgment of Forfeiture, but no later than 60 16 days thereafter, $72,500.00 of the $237,600.00 seized from Wells Fargo Bank Account 17 Number 9553734865 shall be returned to potential claimant Aris C. Toledo through 18 attorney Dirk L. Manoukian. 19 11. The United States of America and its servants, agents, and employees and 20 all other public entities, their servants, agents and employees, are released from any and 21 all liability arising out of or in any way connected with the seizure or forfeiture of the 22 defendant funds. This is a full and final release applying to all unknown and 23 unanticipated injuries, and/or damages arising out of said seizure or forfeiture, as well as 24 to those now known or disclosed. The parties waived the provisions of California Civil 25 Code § 1542. 26 12. Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, 27 the Court finds that there was reasonable cause for the seizure of the defendant funds 28 and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 3 Consent Judgment of Forfeiture 1 accordingly. 2 13. No portion of the stipulated settlement, including statements or admissions 3 made therein, shall be admissible in any criminal action pursuant to Rules 4 408 and 410(a)(4) of the Federal Rules of Evidence. 5 14. All parties will bear their own costs and attorney’s fees. 6 IT IS SO ORDERED. 7 8 DATED: July 30, 2013 Troy L. Nunley United States District Judge 9 10 11 12 CERTIFICATE OF REASONABLE CAUSE Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, the 13 Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that 14 there was reasonable cause for the seizure of the above-described defendant funds. 15 16 17 DATED: July 30, 2013 Troy L. Nunley United States District Judge 18 19 20 21 22 23 24 25 26 27 28 4 Consent Judgment of Forfeiture

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