United States of America v. Approximately $32,900 in United States Currency

Filing 34

ORDER granting 33 Judgment of Forfeiture and Dismissal of Action with Prejudice filed by United States of America. Signed by Judge Edward M. Chen on 12/19/2018. (afmS, COURT STAFF) (Filed on 12/20/2018)

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ALEX G. TSE (CABN rs2348)
United States Attorney

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BARBARA J. VALLTERE (DCBN 4393s3)
Chief, Criminal Division
ERIN A. CORNELL (CABN 227r3s)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, Califomia 9 41 02-3 49 5
Telephone: [phone]
Facsimile: (415) 436-723 4
erin. comell@usdoj gov

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Attorneys for United States of America
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T]NITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TINITED STATES OF AMERICA.

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Plaintiff,
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APPROXIMATELY $32,900 IN LINITED
STATES CURRENCY,

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Defendant.
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)
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CASE NO. CV 18-02185 EMC

) SETTLEMENT AGREEMENT, [PROPOSED]
) JUDGMENT OF FORFEITURE, AND
) DISMISSAL OF ACTION WITH PREJUDICE
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As set forth in the attached settlement agreement, plaintiff United States of America and

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claimant Kory Moore have entered into a settlement agreement, whereby the govemment agrees to

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return to the claimant $10,000 of the defendant currency, and claimant agrees to the judicial forfeiture of

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$22,900 of the defendant curency.

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Accordingly, based on the terms and conditions in the settlement agreement entered into between

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the United States and the claimant, the parties agree that, subject to the Court's approval, the proposed

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Judgment of Forfeiture that is submitted below be entered, and that the action be dismissed with

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prejudice.

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Settlement Agr., [P] Order of Forfeiture;
cv 18-02185 EMC

Dismissal

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SO STIPULATED, AGREED, AND RESPECTFULLY REQUESTED

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DATED: December

14, 2018

J

lsl Korv Moore
KORY MOORE
Claimant

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DATED: December

ALEX G. TSE
United States Attomey

18, 2018

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ls/ Erin A. C,
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ERIN A. CORNELL
Assistant United States Attomey

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I hereby attest that I have permission of the parties to enter a conformed signature (/s/) for all
signatures within this e-filed document.

DATED: December

18,2018

ALEX G. TSE
United States Attorney

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lsl Erin A.
ERIN A. CORNELL
Assistant United States Attomey

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IPROPOSEDI JUDGMENT OF FORFEITURE

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Upon consideration of the settlement agreement and the record, and for good cause shown, it is

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by the Court on

this 19

day of December, 2078,

ORDERED, ADJUDGED AND DECREED that$22,900 of the defendant currency by, and

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hereby is, FORFEITED to the United States for disposition by the Attomey General in accordance with

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law; and it is frrther ordered that the action be, and hereby is, dismissed with prejudice.

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Date December 19, 2018

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HON. EDWARD M. CHEN
United States District Judge

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Settlement Agr., [P] Order of Forfeiture; Dismissal
18-02185 EMC

cv

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SETTLEMENT AGREEMENT

In re Seizure of $32.900 in U.S. Currencv
Asset ID No. 1t-USP-000350
Case No.

CV 18-02185 EMC

In order to resolve this case without the expense of litigation, and in full and final
settlement of all civil claims and disputes arising from and related to the civil forfeiture of the
defendant currency listed above, ttre United States of America ("United States") and potential
claimant Kory Moore, ("Claimant") hereby agree as follows:

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Claimant asserts that he is the sole owner and sole claimant to the $32,900.00 in U.S
Currency seized by the United States Postal Inspection Service on or about October
25, 2017 (the "defendant currency'').

2. Claimant represents that he has had the opportunity to consult with an attorney, and
he has carefully read and understands the scope and effect of the provisions of this
settlement agreement.

3.

The parties each agree that the United States

will return a total of $10,000.00 of the

defendant crrrency to Claimant. The return of a total of $10,000.00 (and all interest
accrued thereon, subject to any delinquent debts owed to any federal, state, or local
agencies) shall be in full settlement and satisfaction of any and all claims to the
defendant crurency by Claimant, his heirs, representatives, and assignees. Claimant,
his heirs, representatives, and assignees shall hold harmless the United States, and
any and all agents, officers, representatives, and employees of the same, and
including all federal, state, and local enforcement officers, for any and all acts directly
or indirectly related to the seizure and forfeiture of the defendant currerrcy.

4. Claimant does not contest that the remainder

of the defendant crurency ($22,900.00,
plus all interest accrued on that amount, hereafter the "remaining currency'') is
subject to forfeiture pursuant to Title 21, United States Code, Section 881(a)(6).
Claimant withdraws any administrative claims to the remaining currency and
consents to the forfeiture of the remaining curency to the United States (including by
administrative or judicial, civil or criminal forfeiture) without further notice to him.
Claimant further relinquishes all rights, title, and interest in the remaining crrrency
and agrees that the remaining currency shall be forfeited to the United States and
disposed of according to law by the United States. Claimant agrees not to make any
further claim or request of any kind to the remaining curency. Claimant also agrees
not to assist any other individual or entity in any effiort to contest this forfeiture nor to
allow a request of any kind on his behalf to any or all of the remaining currency.
Claimant further waives any and all constitutional and statutory challenges in any
form (including by direct appeal, habeas co{pus, or any other means) to any forfeiture
carried out in accordance with this Agreernent, including waiving any claim that the
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Settlement Agreement re: Seizure of $32,900.00
Asset ID l8-USP-000350
Case No.

CV l8-02185 EMC

forfeiture constitutes an excessive fine or punishment and waiving any claim based
upon a statute of limitations or upon due process. Nothing in this agreement
constitutes admission of any fact or wrongdoing by the Claimant.

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Each party shall pay its own attomey fees and costs.

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The signatures below sigmff that party's understanding of and agreement to all of the
above terms.

Dated:

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ft) f U

ALEX G. TSE
United States Attorney
District of

ERIN A.
Assistant United States Attomey

Dated:

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Settlement Agreement re: Seizure of $32,900.00
Asset ID l8-USP-000350
Case No. CV 18-02185 EMC