USA v. $59,200.00 in U.S. Currency et al

Filing 26

ORDER Granting Joint Motion for Judgment of Forfeiture 25 . Signed by Judge Michael M. Anello on 10/23/2013. (vam)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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13 UNITED STATES OF AMERICA,
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Plaintiff,
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v.

16 $59,200.00 IN U.S. CURRENCY,
17 $4,005.00 IN U.S. CURRENCY,

Case No. 12cv2138-MMA(JMA)
JUDGMENT
OF FORFEITURE
[Doc. No. 25]

18 ONE 2012 FORD F-350 TRUCK,
CA. LICENSE PLATE NO.77352E1
19 VIN: 1FT8W3BT0CEB58789,
ITS TOOLS AND APPURTENANCES,
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Defendants.
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Having considered the parties’ joint motion, the Court GRANTS the joint motion

24 and ORDERS as follows:
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1.
The parties have entered into this joint motion in order to resolve the matter
26 of the seizure and forfeiture of the above-referenced defendants, $4,005.00 in U.S.
27 currency and One 2012 Ford F-350 Truck (the Defendant $59,200.00 was previously
28 forfeited by separate order.)
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2.

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

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$4,005.00 IN U.S. CURRENCY
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All of the defendant currency, $4,005.00, shall be returned to the claimants.

5 Claimants agree to provide the information necessary to the United States Marshal to
6 complete the UFMS payment form.
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2012 FORD F-350 TRUCK
4.

The defendant vehicle, one 2012 Ford F-350 Truck, shall be condemned and

9 forfeited to the United States pursuant to Title 21, United States Code, Section 881.
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5.

The terms of this settlement do not affect the tax obligations, fines, penalties,

11 or any other monetary obligations that the claimants may owe to the United States.
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6.

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

13 liable to suit or judgment on account of such seizure in accordance with Title 28,
14 United States Code, Section 2465.

Claimants agree that by entering into this joint

15 motion, that they have not “substantially prevailed” within the meaning of Title 28,
16 United States Code, Section 2465. All parties shall bear their own costs and expenses,
17 including attorney fees. Judgment shall be entered in favor of the United States on
18 its complaint.
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7.

Claimants warrant and represent as a material fact that they are the sole

20 owners of the defendant currency and defendant vehicle, and further warrant that no other
21 person or entity has any right, claim or interest in the defendant currency or defendant
22 vehicle, and that they will indemnify the United States against any and all claims made
23 against it on account of the seizure and forfeiture of the defendant currency and defendant
24 vehicle.
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8.

The claimants, their agents, employees, or assigns, shall hold and save

26 harmless the United States of America, its agents and employees, from any and all claims
27 which might result from the seizure of the defendant currency and defendant vehicle.
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12cv2138

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9.

Accurate Carpet Care has withdrawn its claim and answer in this case

2 because it has no separate legal existence from Claimants, individually.
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This case is hereby ordered closed. Let judgment be entered accordingly.

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IT IS SO ORDERED.

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DATED: October 23, 2013
Hon. MICHAEL M. ANELLO
United States District Judge

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12cv2138