United States of America v. Currency $33,051

Filing 13

STIPULATED CONSENT JUDGMENT and Final Order of Forfeiture. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
vs.

Civil No. 11-cv-13397
Honorable George C. Steeh
Magistrate Paul J. Komives

THIRTY THREE THOUSAND FIFTY ONE
DOLLARS ($33,051) IN U.S. CURRENCY,
Defendant in rem.
____________________________________/

STIPULATED CONSENT JUDGMENT AND
FINAL ORDER OF FORFEITURE
NOW COMES the Plaintiff, the UNITED STATES OF AMERICA (hereinafter the “United
States” or the “government”), by and through its counsel, BARBARA L. McQUADE, United States
Attorney, and GJON JUNCAJ, Assistant United States Attorney, and Claimants, AVI
MORDECHAI and LEAH MORDECHAI, by and through their attorney, DAVID GRIEM, ESQ.,
who enter into this Stipulation for Entry of a Consent Judgment and Final Order of Forfeiture as
evidenced by their signatures below, under the terms and conditions hereinafter set forth:
WHEREAS, on or about February 17, 2011, Thirty Three Thousand Fifty One Dollars
($33,051.00) in U.S. Currency (hereinafter “defendant currency”) was seized by officers of the Oak
Park Police Department ("OPPD") from LA Wireless, LLC, located in Oak Park, Michigan;
WHEREAS, the Department of Homeland Security, Homeland Security Investigations
(“HSI”) subsequently adopted the seizure from OPPD and processed the seizure of the defendant
currency for federal forfeiture;
WHEREAS, administrative claims contesting the forfeiture were filed with HSI by

Claimants AVI MORDECHAI and LEAH MORDECHAI, and thereafter, the matter was referred
by HSI to the United States Attorney’s Office for judicial forfeiture;
WHEREAS, a Complaint for Forfeiture in this matter was filed on August 4, 2011 by the
United States alleging that the defendant currency was subject to forfeiture pursuant
to 18 U.S.C. § 981(a)(1)(A) and/or 18 U.S.C. § 981(a)(1)(C);
WHEREAS, notice by publication has been completed in this case;
WHEREAS, Claimants AVI MORDECHAI and LEAH MORDECHAI filed their
individualClaims of Interest as to the defendant currency on October 13, 2011, and filed a joint
Answer, on December 22, 2011;
WHEREAS, no other verified claims of interest have been filed by any other party with the
United States District Court under the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions, and the time for filing such pleadings has expired; and
WHEREAS, the parties are aware of their respective rights in this matter and wish to resolve
this matter without further litigation and expense;
NOW, THEREFORE, the parties hereby stipulate and agree as follows:
1.

This is an in rem civil forfeiture action brought pursuant to 18 U.S.C. § 981(a)(1)(A)

and 18 U.S.C. § 981(a)(1)(C).
2.

The Court has jurisdiction and venue over this matter pursuant to 28 U.S.C. §§ 1345,

1355, 1391 and 1395.
3.

The allegations of the Complaint for Forfeiture are well taken, the United States and

its agents had reasonable cause for the seizure of the defendant currency as provided in 28 U.S.C.
§ 2465, and the position of the United States in this action is and has been substantially justified as

2

set forth in 28 U.S.C. § 2412.
4.

The parties agree that upon entry of this Consent Judgment and Final Order of

Forfeiture, $10,000.00 of the defendant currency SHALL BE DISBURSED to Claimant AVI
MORDECHAI. The United States agrees to release this sum to claimant AVI MORDECHAI less
any debt owed to the United States, any agency of the United States, or any other debt the United
States is authorized to collect from claimant AVI MORDECHAI including but not limited to any
debts collected through the Treasury Offset Program. Following entry of this Stipulation and Order
and receipt by the U.S. Attorney’s Office, and after claimants’ attorney has supplied Automated
Clearing House (ACH) information to the government for electronic fund transfer, the United States
Department of Treasury or its delegate shall disburse the funds through the Electronic Payment
System (EPS). Funds will only be disbursed after the United States Department of Homeland
Security, Customs and Border Protection (“CBP”) has received the claimant’s social security
number and the ACH information for electronic deposit of the funds into the attorney’s IOLTA
account.
5.

Claimant AVI MORDECHAI hereby withdraws his claim to the remaining

$23,051.00 in U.S. Currency, plus any interest accrued on the defendant currency since the date of
seizure.
6.

Claimant LEAH MORDECHAI hereby withdraws her claim to the total $ 33,051.00

in U.S. Currency, plus any interest accrued on the defendant currency since the date of seizure.
7.

Claimants AVI MORDECHAI and LEAH MORDECHAI agree that the $23,051.00

in U.S. Currency, plus any interest accrued since the date of seizure on the defendant currency,
(collectively, “forfeited currency”) shall be FORFEITED to the United States of America pursuant

3

to 18 U.S.C. § 981(a)(1)(A) and/or 18 U.S.C. § 981(a)(1)(C). Further, any right, title or interest of
Claimants AVI MORDECHAI and LEAH MORDECHAI, their successors and assigns, and any
right, title and ownership interest of all other persons in the forfeited currency is hereby and forever
EXTINGUISHED, and that clear title to the forfeited currency shall hereby be VESTED in the
United States of America, and that the United States Department of Treasury, or its delegatee, is
AUTHORIZED to dispose of the forfeited currency according to law.
8.

Upon signing below, Claimants AVI MORDECHAI and LEAH MORDECHAI

release, remise and forever discharge the plaintiff, United States of America, and its agents, officers,
employees, past and present, and all other persons, including but not limited to agents and
employees of the Department of Homeland Security, the United States Attorneys Office, any
individual local law enforcement officers or departments or agencies, and any other persons who
participated in or assisted in any aspect of this forfeiture action and underlying investigation, from
any and all claims or causes of action which claimants, and their agents, officers, employees, past
and present, and which claimants and their assigns, agents, officers employees and successors in
interest hereafter can, shall or may have for, or on account of the incidents or circumstances giving
rise to the above-captioned action.
9.

Claimants AVI MORDECHAI and LEAH MORDECHAI have discussed this

settlement with their attorney and are aware of their rights in this matter. Claimants AVI
MORDECHAI and LEAH MORDECHAI hereby agree to waive any conflicts pertaining to their
respective forfeiture claims and are allowing attorney DAVID GRIEM to represent them both. The
Claimants have discussed the issue regarding conflicts with their attorney, do not believe any
conflicts exist, and, if any conflicts do exist, Claimants waive the conflicts.

4

10.

The parties agree that each party shall bear its own costs and attorneys fees in this

11.

Upon entry of the Stipulated Consent Judgment and Final Order of Forfeiture, this

matter.

case shall be DISMISSED WITH PREJUDICE and closed.

S/GJON JUNCAJ
GJON JUNCAJ
Assistant United States Attorney
211 W. Fort St., Ste. 2001
Detroit, MI 48226
[phone]
Email: [e-mail]
(P63256)

S/DAVID GRIEM (with consent)
DAVID GRIEM, ESQ.
Attorney for Claimants
Jaffe Raitt Heuer & Weiss PC
500 Griswold St Ste 2400
Phone: [phone]
Fax: [phone]
Email: [e-mail]
(P23187)

Dated: June 7, 2012

Dated: June 6, 2012
S/AVI MORDECHAI (see attached page)
AVI MORDECHAI
Claimant
Dated: June 6, 2012

S/LEAH MORDECHAI (see attached page)
LEAH MORDECHAI
Claimant
Dated: June 6, 2012

*****************
IT IS SO ORDERED.
Dated: June 8, 2012

S/George Caram Steeh
Honorable George C. Steeh
United States District Judge

5

6