United States of America v. Currency US $2,472.00

Filing 11

ORDER of Forfeiture re 10 Motion. It is Hereby Ordered: $72.00 of the defendant currency shall be forfeited and condemned to the United States pursuant to Title 21, United States Code, Section 881. $2,400.00 of the defendant currency shall be returned to Claimant Janice L. Cardiff. Signed by Judge Dana M. Sabraw on 11/10/09. (All non-registered users served via U.S. Mail Service)(lao)(kaj).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Having reviewed the foregoing Joint Motion and good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED and DECREED: The Joint Motion is approved. 1. The parties have entered into this joint motion in order to resolve the matter of the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) $2,472.00 IN U.S. CURRENCY, ) ) Defendant. ) ____________________________________) Civil No. 09cv1741-DMS(BLM) JUDGMENT OF FORFEITURE

seizure and forfeiture of the above-referenced defendant, $2,472.00 in U.S. Currency, ("defendant currency"). 2. particulars: a. The defendant currency, $2,472.00, represents the total amount of U.S. The parties have agreed to a settlement which is hereinafter described in its

currency seized by law enforcement from the trailer located on the property of 3305 Buena Hills Drive on March 8, 2009. // //

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

b.

$72.00 of the defendant currency shall be forfeited and condemned to the

United States pursuant to Title 21, United States Code, Section 881. $2,400.00 of the defendant currency shall be returned to Claimant Janice L. Cardiff. 3. The terms of this settlement do not affect the tax obligations, fines, penalties, or any

other monetary obligations the claimant owes to the United States. 4. The person or persons who executed the search warrant and/or made the seizure or

the prosecutor shall not be liable to suit or judgment on account of the search and/or the seizure in accordance with Title 28, United States Code, Section 2465. The parties have agreed that by entering into this joint motion, neither has "substantially prevailed" within the meaning of 28 U.S.C. § 2465. All parties shall bear their own costs and expenses, including attorney fees. Judgment shall be entered on the complaint pursuant to the terms described above. 5. Claimant has warranted and represented as a material fact that she is the sole owner

of the defendant currency and has further warranted that no other person or entity has any right, claim or interest in the defendant currency, and that she will defend and indemnify the United States against any and all claims made against it on account of the seizure and forfeiture of the defendant currency. 6. The Claimant, her agents, employees, or assigns, shall hold and save harmless the

United States of America, its agents and employees, from any and all claims which might result from the seizure of the defendant currency. This case is hereby ordered closed. Let judgment be entered accordingly. IT IS SO ORDERED. DATED: November 10, 2009

HON. DANA M. SABRAW United States District Judge

2

09cv1741