United States of America v. $22,747.44 in U.S. Currency Seized from Account Number XXXX-XXXX-7546 at Bank of America, N.A.

Filing 6

ORDER Approving 5 Joint Motion for Judgment of Forfeiture Against Defendant. Judgment shall be entered in favor of the United States of America on its Complaint for Forfeiture of the Defendant Currency. This case is hereby ordered closed. Let judgment be entered accordingly. Signed by Judge Gonzalo P. Curiel on 12/5/2014. (srm)

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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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vs.

$22,747.44 IN U.S. CURRENCY
SEIZED FROM ACCOUNT
NUMBER XXXX-XXXX-7546 AT
BANK OF AMERICA, N.A.,

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ORDER APPROVING JOINT
MOTION FOR JUDGMENT OF
FORFEITURE AGAINST
DEFENDANT
[Dkt. No. 5.]

Defendant.

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Plaintiff,

CASE NO. 14CV1243-GPC(BLM)

The Joint Motion for Judgment of Forfeiture (Doc. No. 5) is GRANTED. The
United States of America shall have judgment as to $10,000.00 of the above-referenced
defendant, $22,747.44 in U.S. Currency Seized from Account Number XXXX-XXXX7546 at Bank of America, N.A. (the "Defendant Currency"), which shall be condemned
and forfeited to the United States of America pursuant to Title 31, United States Code,
Section 5317(c)(2).
The balance of the Defendant Currency, approximately $12,747.44 plus interest
(actual or constructive) earned on the Defendant Currency (the "Claimant's Currency"),
minus any amounts set off against the Claimant's Currency through the Treasury
Offset Program system, shall be returned to the sole claimant, HO SUNG LIM
("Claimant") after submission of a completed ACH form.
The terms of the Joint Motion for Judgment of Forfeiture and this Order do not
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[14CV1243-GPC(BLM)]

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affect the tax obligations, fines, penalties, or any other monetary obligations that

2 Claimant may owe to the United States of America.
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The person or persons who made the seizure or the prosecutor are not liable to

4 suit or judgment on account of such seizure in accordance with Title 28, United States
5 Code, Section 2465. Claimant has not "substantially prevailed" within the meaning of
6 Title 28, United States Code, Section 2465. All Parties shall bear their own costs and
7 expenses, including attorney's fees. Judgment shall be entered in favor of the United
8 States of America on its Complaint for Forfeiture of the Defendant Currency according
9 to the terms of the Joint Motion for Judgment of Forfeiture. Although the Joint Motion
10 refers to agreements between the various parties, the Court does not retain jurisdiction
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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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15 DATED: December 5, 2014
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HON. GONZALO P. CURIEL
United States District Judge

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[14CV1243-GPC(BLM)]