United States of America v. Approximately $100,000.00 seized from Bank of America account number 000462168614

Filing 10

CONSENT JUDGMENT OF FORFEITURE signed by Judge Kimberly J. Mueller on 2/6/15. CASE CLOSED. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:14-MC-00058-KJM-CKD

Plaintiff,
v.

ORDER

APPROXIMATELY $100,000.00 SEIZED
FROM BANK OF AMERICA ACCOUNT
NUMBER 000462168614, HELD IN THE
NAME OF MARCONI COIN &
JEWELRY EXCHANGE, CHARLES
DUNBAR AND WILLIAM DUNBAR,
Defendant.

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As provided by the Stipulation for Consent Judgment of Forfeiture between the
United States, William Dunbar and Charles Dunbar (“claimants”), the court finds:
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On or about December 6, 2013, agents with the Internal Revenue Service –

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Criminal Investigation (“IRS”) executed a Federal seizure warrant at Bank of America at 6705

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Fair Oaks Boulevard, Carmichael, California. The agents seized approximately $100,000.00

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from Bank of America account number 000462168614, held in the name of Marconi Coin &

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Jewelry Exchange, Charles Dunbar and William Dunbar (hereafter “defendant funds”).

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2.

The IRS commenced administrative forfeiture proceedings, sending direct

notice to all known potential claimants and publishing notice to all others. On or about January
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27, 2014, the IRS received a claim from William Dunbar asserting an ownership interest in the

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defendant funds.

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3.

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

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from April 2, 2013 to June 20, 2013, William Dunbar or another person acting for his benefit,

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structured transactions by breaking up currency deposits to Bank of America account number

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000462168614, held in the name of Marconi Coin & Jewelry Exchange, Charles Dunbar and

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William Dunbar. The defendant funds were allegedly used to structure currency deposit

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transactions by breaking them into amounts at or below $10,000.00 to avoid the currency

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transaction requirement in violation of 31 U.S.C. § 5324(a)(3).

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4.

The United States could further show at a forfeiture trial that the defendant

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funds are forfeitable to the United States pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2),

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incorporating the procedures governing civil forfeiture actions pursuant to 18 U.S.C. § 981.

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5.

Without admitting the truth of the factual assertions contained above,

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claimants specifically denying the same, and for the purpose of reaching an amicable resolution

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and compromise of this matter, claimants agree that an adequate factual basis exists to support

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forfeiture of the defendant funds. Claimant William Dunbar acknowledges that he is the sole

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owner of the defendant funds and that no other person or entity has any legitimate claim of

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interest therein. Should any person or entity institute any kind of claim or action against the

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government with regard to its forfeiture of the defendant funds, claimants shall hold harmless and

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indemnify the United States, as set forth below.

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6.

This Court has jurisdiction in this matter based on 28 U.S.C. §§ 1345 and

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1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture

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occurred.

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7.

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

district in which the defendant funds were seized.

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8.

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

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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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ORDERED AND ADJUDGED:

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9.

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The court adopts the Stipulation for Consent Judgment of Forfeiture

entered into by and between the parties.

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10.

Upon entry of this Consent Judgment of Forfeiture, $35,000.00 of the

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Approximately $100,000.00 seized from Bank of America account number 000462168614, held

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in the name of Marconi Coin & Jewelry Exchange, Charles Dunbar and William Dunbar, together

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with any interest that may have accrued on the total amount seized, shall be forfeited to the

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United States pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2), incorporating the

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procedures governing civil forfeiture actions pursuant to 18 U.S.C. § 981, to be disposed of

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according to law.

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

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days thereafter, $65,000.00 of the Approximately $100,000.00 seized from Bank of America

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account number 000462168614, held in the name of Marconi Coin & Jewelry Exchange, Charles

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Dunbar and William Dunbar, shall be returned to claimant William Dunbar.

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12.

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

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all other public entities, their servants, agents and employees, are released from any and all

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liability arising out of or in any way connected with the seizure or forfeiture of the defendant

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funds. This is a full and final release applying to all unknown and unanticipated injuries, and/or

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damages arising out of said seizure and forfeiture, as well as to those now known or disclosed.

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Claimants waive the provisions of California Civil Code § 1542.

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13.

No portion of the stipulated settlement, including statements or admissions

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made therein, shall be admissible in any criminal action pursuant to Rules 408 and 410(a)(4) of

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the Federal Rules of Evidence.

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14.

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

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15.

As provided by the Stipulation for Consent Judgment of Forfeiture filed

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herein, the court enters this Certificate of Reasonable Cause based on 28 U.S.C. § 2465, that there

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was reasonable cause for the seizure of the above-described defendant funds.

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IT IS SO ORDERED.
DATED: February 6, 2015.

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UNITED STATES DISTRICT JUDGE

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