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)

Download PDF
1 ALEX G. TSE (CABN rs2348) United States Attorney 2 ) 4 BARBARA J. VALLTERE (DCBN 4393s3) Chief, Criminal Division ERIN A. CORNELL (CABN 227r3s) Assistant United States Attorney 5 450 Golden Gate Avenue, Box 36055 San Francisco, Califomia 9 41 02-3 49 5 Telephone: (415) 436-7 124 Facsimile: (415) 436-723 4 erin. comell@usdoj gov 6 7 . 8 Attorneys for United States of America 9 10 T]NITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA t2 SAN FRANCISCO DIVISION 13 TINITED STATES OF AMERICA. t4 15 t6 Plaintiff, V APPROXIMATELY $32,900 IN LINITED STATES CURRENCY, 17 Defendant. 18 ) ) CASE NO. CV 18-02185 EMC ) SETTLEMENT AGREEMENT, [PROPOSED] ) JUDGMENT OF FORFEITURE, AND ) DISMISSAL OF ACTION WITH PREJUDICE ) ) ) ) ) ) t9 20 As set forth in the attached settlement agreement, plaintiff United States of America and 2l claimant Kory Moore have entered into a settlement agreement, whereby the govemment agrees to 22 return to the claimant $10,000 of the defendant currency, and claimant agrees to the judicial forfeiture of 23 $22,900 of the defendant curency. 24 Accordingly, based on the terms and conditions in the settlement agreement entered into between 25 the United States and the claimant, the parties agree that, subject to the Court's approval, the proposed 26 Judgment of Forfeiture that is submitted below be entered, and that the action be dismissed with 27 prejudice. 28 Settlement Agr., [P] Order of Forfeiture; cv 18-02185 EMC Dismissal I SO STIPULATED, AGREED, AND RESPECTFULLY REQUESTED 1 2 DATED: December 14, 2018 J lsl Korv Moore KORY MOORE Claimant 4 5 6 l DATED: December ALEX G. TSE United States Attomey 18, 2018 8 9 ls/ Erin A. C, I ERIN A. CORNELL Assistant United States Attomey 10 11 t2 13 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 t4 15 lsl Erin A. ERIN A. CORNELL Assistant United States Attomey t6 l7 18 IPROPOSEDI JUDGMENT OF FORFEITURE t9 Upon consideration of the settlement agreement and the record, and for good cause shown, it is 20 2l by the Court on this 19 day of December, 2078, ORDERED, ADJUDGED AND DECREED that$22,900 of the defendant currency by, and 22 23 hereby is, FORFEITED to the United States for disposition by the Attomey General in accordance with 24 law; and it is frrther ordered that the action be, and hereby is, dismissed with prejudice. 25 Date December 19, 2018 26 27 HON. EDWARD M. CHEN United States District Judge 28 Settlement Agr., [P] Order of Forfeiture; Dismissal 18-02185 EMC cv 2 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: l. 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 I 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. 5. Each party shall pay its own attomey fees and costs. 6. The signatures below sigmff that party's understanding of and agreement to all of the above terms. Dated: rd ft) f U ALEX G. TSE United States Attorney District of ERIN A. Assistant United States Attomey Dated: 2 Settlement Agreement re: Seizure of $32,900.00 Asset ID l8-USP-000350 Case No. CV 18-02185 EMC

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?