UNITED STATES OF AMERICA v. Approximately $60,000 in United States Currency

Filing 14

ORDER and JUDGMENT of FORFEITURE. Signed by Judge Charles R. Breyer on 1/24/2014. (beS, COURT STAFF) (Filed on 1/24/2014)

1 MELINDA HAAG (CABN 132612)
United States Attorney
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J. DOUGLAS WILSON (DCBN 412811)
3 Chief, Criminal Division
4 DAVID COUNTRYMAN (CABN 226995)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for United States of America
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,
Plaintiff,

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v.
APPROXIMATELY $60,000 IN UNITED
STATES CURRENCY,
Defendant.

) CASE NO. CV 13-5250 CRB
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) SETTLEMENT AGREEMENT AND
) JUDGMENT OF FORFEITURE
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The parties stipulate and agree as follows:

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1.

Plaintiff is the United States of America (“United States”). Defendant is approximately

21 $60,000 in United States Currency seized on May 29, 2013 (“defendant currency” or the “defendant
22 $60,000”). After proper notification and publication was given, Sean Garton was the only party to file a
23 claim. The United States and Mr. Garton are hereafter referred to as the “parties” in this document
24 which is hereinafter referred to as the “Settlement Agreement” or “Agreement.”
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2.

The parties agree that the resolution of the lawsuit is based solely on the terms stated in

26 this Settlement Agreement. It is expressly understood that this Agreement has been freely and
27 voluntarily entered into by the parties. The parties further agree that there are no express or implied
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SETTLEMENT AGREEMENT AND
[PROPOSED] JUDGMENT OF FORFEITURE

1 terms or conditions of settlement, whether oral or written, other than those set forth in this Agreement.
2 This Agreement shall not be modified or supplemented except in writing signed by the parties. The
3 parties have entered into this Settlement Agreement in lieu of continued protracted litigation and District
4 Court adjudication.
3.

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This settlement is a compromise over disputed issues and does not constitute any

6 admission of wrongdoing or liability by any party.
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4.

Mr. Garton asserts that he is the sole owner of the defendant currency.

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5.

Mr. Garton agrees that sufficient evidence exists to establish forfeiture of $35,000 of the

9 defendant currency (plus all interest accrued on that amount) pursuant to Title 21, United States Code,
10 Section 881(a)(6), and consents to its forfeiture to the United States without further notice to him. Mr.
11 Garton relinquishes all right, title and interest in $35,000 of the defendant currency and agrees that said
12 currency shall be forfeited to the United States and disposed of according to law by the United States.
6.

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Mr. Garton, his heirs, representatives and assignees, shall hold harmless the United

14 States, any and all agents, officers, representatives and employees of same, including all federal, state
15 and local enforcement officers, for any and all claims, defenses, actions, or liabilities arising out of or
16 related to this action against the defendant currency.
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7.

The parties agree that each party shall pay its own attorneys’ fees and costs.

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8.

Based on the foregoing Settlement Agreement between the United States and Mr. Garton,

19 the Parties agree that, subject to the Court’s approval, the proposed JUDGMENT OF FORFEITURE
20 which is submitted with this Settlement Agreement be entered and that this action be and hereby is
21 DISMISSED.
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23 IT IS SO STIPULATED:
MELINDA HAAG
United States Attorney

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26 Dated:
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___________________________
DAVID COUNTRYMAN
Assistant United States Attorney

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SETTLEMENT AGREEMENT AND
[PROPOSED] JUDGMENT OF FORFEITURE

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Dated:

___________________________
SEAN GARTON
Claimant

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Dated:

______________________________
JACEK W. LENTZ, ESQ.
Attorney for Sean Garton

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JUDGMENT OF FORFEITURE

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UPON CONSIDERATION of the Settlement Agreement and for good cause shown, it is by the

11 Court on this 24th
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day of January, 2014,

ORDERED, ADJUDGED AND DECREED that $35,000 of the defendant currency be, and

13 hereby is, FORFEITED to the United States for disposition by the Attorney General in accordance with
14 law; and it is FURTHER ORDERED that the instant case be, and hereby is, DISMISSED.

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SETTLEMENT AGREEMENT AND
[PROPOSED] JUDGMENT OF FORFEITURE

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HONORABLE CHARLES R. BREYER
United States District RDERED
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