United States of America v. $52,300.00 in U.S. Currency et al

Filing 18

CLERK'S JUDGMENT. IT IS SO ORDERED, ADJUDGED, AND DECREED that the Court grants the Joint motion for forfeiture. (nbp) (jao).

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
United States of America
Plaintiff
v.
$52,300.00 in U.S. Currency; Assorted Gold Coins
and Silver Bars; One 2010 Dodge Ram 2500 Truck,
CA License Plate No. 8Z66105, VIN
3D7UT2CL2AG173855, Its Tools and
Appurtenances; One 2008 Itasca/Dodge Navion
Motorhome, CA License Plate No. 6ZPB963, VIN
WDXPF445189357889, Its Tools and
Appurtenances
Defendants

Civil Action No.

15cv0837-W(BGS)

JUDGMENT IN A CIVIL CASE

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
that the Court grants the Joint motion for forfeiture. $5,000.00 of the defendant currency, less any debt
owed to the United States, any agency of the United States, or any other debt in which the United
States is authorized to collect, shall be returned to the claimant, Elizabeth Bell, either directly or
through her attorney of record, Michael E. Cindrich. $47,300.00 in U.S. currency shall be forfeited and
condemned to the United States pursuant to Title 21, United States Code, Section 881. All of the
Assorted Gold Coins and Silver Bars shall be forfeited and condemned to the United States pursuant to
Title 21, United States Code, Section 881. The United States recognizes and acknowledges the lien
held by GMAC against the defendant vehicle, One 2010 Dodge Ram 2500 Truck. The defendant
vehicle shall be condemned and forfeited to the United States pursuant to Title 21, United States Code,
Section 881 and disposed of according to law. The United States Marshals Service shall, either sell the
defendant vehicle with GMAC receiving payment according to their outstanding lien, provided
sufficient net proceeds exist, or the vehicle may be returned to GMAC pursuant to the discretion of the
United States Marshals Service. The United States shall not be responsible for any discrepancy
between the amount of the lien and the value of the defendant vehicle. GMAC retains the right to
pursue any shortfall through the procedures stated in the contract of sales establishing their lien in the
defendant vehicle. The defendant vehicle, One 2008 Itasca/Dodge Navion Motorhome,shall be
Date:

5/6/16

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ J. Ortiz
J. Ortiz, Deputy

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA

(ATTACHMENT)
Civil Action No.

15cv0837-W(BGS)

condemned and forfeited to the United States pursuant to Title 21, United States Code, Section 881 and
disposed of according to law. The terms of this settlement do not affect the tax obligations, fines, penalties, or
any other monetary obligations that the claimants may owe to the United States. 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, Section 2465. Claimants agree that by entering into the joint
motion, that they have not “substantially prevailed” within the meaning of Title 28, United States Code,
Section 2465. All parties shall bear their own costs and expenses, including attorney fees. Judgment shall be
entered in favor of the United States on its complaint. Claimants warrant and represent as a material fact that
they are the sole owners of the defendant currency, property, and vehicles, and further warrant that no other
person or entity has any right, claim or interest in the defendants, and that they will indemnify the United
States against any and all claims made against it on account of the seizure and forfeiture of the defendants. The
claimants, their 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 defendants.