United States of America v. $19,535.00 in US Currency et al

Filing 21

JUDGMENT OF FORFEITURE - ORDER Granting 19 Joint Motion for Judgment of Forfeiture. The Clerk of Court shall enter judgment in favor of the United States and terminate the case. Signed by Judge Michael M. Anello on 10/29/2012. (leh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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$19,535.00 IN US CURRENCY,
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ONE 2004 NISSAN 350Z,
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CALIFORNIA LICENSE 6PWC703,
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VIN JN1AZ36A54T011868,
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ITS TOOLS AND APPURTENANCES,
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ONE 2005 HARLEY DAVIDSON FLHRCI,)
CALIFORNIA LICENSE 20L7513,
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VIN 1HD1FRW375Y647852,
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ITS TOOLS AND APPURTENANCES,
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Defendants.
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____________________________________)

Case No. 11cv2861-MMA(MDD)
JUDGMENT OF FORFEITURE
[Doc. No. 19]

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Having reviewed the Joint Motion for Judgment of Forfeiture filed by the parties in the

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above-captioned action, good cause appearing, the Court GRANTS the Joint Motion.

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Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

The parties have entered into this joint motion in order to resolve the matter of the

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seizure and forfeiture of the above-referenced defendants, $19,535.00 in U.S. Currency,

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one 2004 Nissan 350Z, California License 6PWC703, VIN JN1AZ36A54T011868, its tools and

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appurtenances, and one 2005 Harley Davidson FLHRCI, California License 20L7513,

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VIN 1HD1FRW375Y647852, its tools and appurtenances (“Defendant Properties”).

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2.

The parties have agreed to a settlement which is hereinafter described in

its particulars:

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a.

Count 1: $19,535.00 in U.S. Currency: $17,035.00 of the defendant

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currency shall be forfeited and condemned to the United States pursuant to Title 21, United States

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Code, Section 881. $2,500.00 of the defendant currency, less any debt owed to the United States,

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any agency of the United States, or any other debt in which the United States is authorized to

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collect, shall be returned to the claimant, Mark Shimel, either directly or through his attorney of

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record, Richard M. Barnett.

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b.

Count 2: One 2004 Nissan 350Z, California License 6PWC703,

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VIN JN1AZ36A54T011868, its tools and appurtenances: The defendant vehicle,

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one 2004 Nissan 350Z, shall be condemned and forfeited to the United States pursuant to Title 21,

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United States Code, Section 881. The U.S. Marshals Service shall then sell the defendant vehicle

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with the proceeds of the sale to be distributed under the following terms. Costs incurred by the

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United States incident to the seizure and custody of the defendant vehicle, if any, shall be paid

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from the proceeds of the sale before any distribution is made to the United States. After costs are

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paid, the United States shall then receive the remaining net proceeds.

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c.

Count 3: One 2005 Harley Davidson FLHRCI, California License

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20L7513, VIN 1HD1FRW375Y647852, its tools and appurtenances: The United States has

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agreed to the return of the defendant vehicle, one 2005 Harley Davidson FLHRCI, to claimant

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Mark Shimel, either directly or through his attorney of record.

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United States incident to the seizure and custody of the defendant vehicle, one 2005 Harley

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Davidson FLHRCI, shall be borne by the United States.

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3.

All costs incurred by the

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.
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The person or persons who made the seizure or the prosecutor shall not be liable

to suit or judgment on account of such seizure in accordance with Title 28, United States Code,
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11cv2861

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Section 2465. Claimant has agreed that by entering into this joint motion, he has not “substantially

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prevailed” within the meaning of 28 U.S.C. § 2465. All parties shall bear their own costs and

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expenses, including attorney fees. Judgment shall be entered in favor of the United States on

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its complaint.

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5.

Claimant has warranted and represented as a material fact that he is the sole owner

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of the defendant properties and has further warranted that no other person or entity has any right,

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claim or interest in the defendant properties, and that he will defend and indemnify the

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United States against any and all claims made against it on account of the seizure and forfeiture

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of the defendant properties.

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6.

The Claimant, his agents, employees, or assigns, shall hold and save harmless the

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United States of America, its agents and employees, from any and all claims which might result

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from the seizure of the defendant properties.

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The Clerk of Court shall enter judgment in favor of the United States and terminate the
case.
IT IS SO ORDERED.
DATED: October 29, 2012

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Hon. Michael M. Anello
United States District Judge

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11cv2861