United States of America v. $52,100.00 in U.S. Currency et al

Filing 29

ORDER Granting Joint Motion for Settlement (ECF No. 28 ). This case is hereby ordered closed. Signed by Judge Cynthia Bashant on 8/6/2018. (jdt)

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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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Case No. 17-cv-2002-BAS-JMA
ORDER GRANTING JOINT
MOTION FOR SETTLEMENT
[ECF No. 28]

$52,100 in U.S. CURRENCY, et al.,

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Defendants.

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Before the Court is a joint motion filed by Plaintiff United States and Claimants

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Henry and Kathy Sayavong regarding Defendant $52,100 in U.S. Currency. (ECF

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No. 28.) Having considered the Joint Motion, and good cause appearing, the Court

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GRANTS the Joint Motion. Further, IT IS HEREBY ORDERED, ADJUDGED

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and DECREED that:

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1.

$27,500.00 (twenty-seven thousand five hundred dollars) in U.S.

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currency of the Defendant $52,100.00 in U.S. Currency (“$52,100 in currency”) shall

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be returned to claimants Henry Sayavong and Kathy Sayavong through their attorney,

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Gregory A. Schnitzer.

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2.

The remainder of the Defendant $52,100 in currency, consisting of

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$24,600.00 (twenty-four thousand six hundred dollars) in U.S. currency, shall be

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condemned and forfeited to the United States.
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17cv2002

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3.

Any costs incurred by the United States incident to the seizure, custody,

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and forfeiture of the Defendant $52,100 in currency shall be borne by the United

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States.

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4.

Claimants Henry Sayavong and Kathy Sayavong, jointly and separately,

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have agreed by entering into this stipulation, they have not “substantially prevailed”

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within the meaning of 28 U.S.C. § 2465.

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5.

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

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be liable to suit or judgment on account of such seizure in accordance with 28 U.S.C.

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§ 2465.

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6.

Claimants Henry Sayavong and Kathy Sayavong, jointly and separately,

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have warranted and represented as a material fact they are the sole owners of the

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Defendant $52,100 in currency and further warranted no other person or entity has

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any right, claim or interest in the defendant currency, and they will defend and

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

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the seizure and forfeiture of the Defendant $52,100 in currency.

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7.

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

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penalties, or any other monetary obligations claimants Henry Sayavong and Kathy

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Sayavong, jointly or separately, may owe to the United States.

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8.

The parties to this settlement have agreed each will bear their own

attorney’s fees and costs.
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Claimants Henry Sayavong and Kathy Sayavong, their joint and

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separate agents, employees, or assigns, shall hold and save harmless the United States

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

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from the seizure of the Defendant $52,100 in currency.

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In light of the foregoing, this case is HEREBY ORDERED closed.

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IT IS SO ORDERED.

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DATED: August 6, 2018

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17cv2002