United States of America v. $58,400.00 in U.S. Currency et al

Filing 14

ORDER granting 13 Joint Motion for Judgment of Forfeiture. Signed by Judge Larry Alan Burns on 9/16/13. (kaj)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Plaintiff, 11 12 v. Case No. 13cv0723-LAB(WMC) JUDGMENT OF FORFEITURE 13 $58,400.00 IN U.S. CURRENCY, 14 $6,040.00 IN U.S. CURRENCY, Defendants. 15 16 17 18 Having reviewed the foregoing Joint Motion and good cause appearing therefor, 19 IT IS HEREBY ORDERED, ADJUDGED and DECREED: 20 The Joint Motion is approved. 21 1. The parties have entered into this joint motion in order to resolve the matter 22 of the seizure and forfeiture of the above-referenced defendants, $58,400.00 in U.S. 23 Currency and $6,040.00 in U.S. Currency (“defendant currency”). 24 2. The parties have agreed to a settlement which is hereinafter described in 25 its particulars. 26 27 $58,400.00 IN U.S. CURRENCY 3. $33,400.00 of the defendant currency shall be condemned and forfeited to 28 the United States pursuant to Title 21, United States Code, Section 881. $25,000.00 of 30 1 the defendant currency, less any debt owed to the United States, any agency of the 2 United States, or any other debt in which the United States is authorized to collect, shall 3 be returned to the claimant, Jessica Shira Monroe, either directly or through her attorney 4 of record, Richard M. Barnett. $6,040.00 IN U.S. CURRENCY 5 6 4. All of the defendant currency, $6,040.00, shall be forfeited and condemned 7 to the United States pursuant to Title 21, United States Code, Section 881. None of the 8 defendant currency shall be returned to the claimants. 9 5. The terms of this settlement do not affect the tax obligations, fines, penalties, 10 or any other monetary obligations that the claimants may owe to the United States. 11 6. The person or persons who made the seizure or the prosecutor shall not be 12 liable to suit or judgment on account of such seizure in accordance with Title 28, 13 United States Code, Section 2465. Claimants agree that by entering into this joint 14 motion, that they have not “substantially prevailed” within the meaning of Title 28, 15 United States Code, Section 2465. All parties shall bear their own costs and expenses, 16 including attorney fees. Judgment shall be entered in favor of the United States on 17 its complaint. 18 7. Claimants warrant and represent as a material fact that they are the sole 19 owner of the defendant currency and further warrant that no other person or entity has 20 any right, claim or interest in the defendant currency, and that they will indemnify the 21 United States against any and all claims made against it on account of the seizure and 22 forfeiture of the defendant currency. 23 8. The claimants, their agents, employees, or assigns, shall hold and save 24 harmless the United States of America, its agents and employees, from any and all claims 25 which might result from the seizure of the defendant currency. 26 / / / 27 / / / 28 / / / 2 30 13cv0723 1 9. Although this Order takes note of the parties’ settlement, representations and 2 agreements, the Court does not retain jurisdiction to interpret or enforce any agreement 3 between the parties. 4 This case is ordered closed. Let judgment be entered accordingly. 5 DATED: September 16, 2013 6 7 Hon. LARRY ALAN BURNS United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 30 13cv0723

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