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U.S. v. ONE 1998 BMW 528I

United States District Court, Northern District of California, San Francisco Division


April 25, 2003

UNITED STATES OF AMERICA, PLAINTIFF,
v.
1. ONE 1998 BMW 528I, 2. $16,520 IN UNITED STATES CURRENCY AND 3. $10,000 UNITED STATES CURRENCY, DEFENDANTS. MINH LE, CLAIMANT.

The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge.

STIPULATED SETTLEMENT AGREEMENT AND FINAL ORDER OF FORFEITURE
In full settlement of all claims and disputes arising from and related to the captioned forfeiture action, plaintiff United States of America, and Minh Le, hereby stipulate and agree as follows:

1. On October 29, 2002, plaintiff commenced a civil action seeking forfeiture of the above-captioned defendant property.
2. Minh Le is the sole owner of the defendant property and hereby submits this agreement as a claim to said property.
3. Claimant Minh Le admits that sufficient evidence exists to establish the forfeiture of the defendant vehicle, pursuant to Title 21, United States Code, Section 881(a)(4), and consents to the forfeiture of said vehicle without further notice to him. Claimant Minh Le further relinquishes all right, title and interest in the defendant vehicle, and agrees that said vehicle shall be forfeited to the United States and disposed of according to law by the United States Marshals Service.
4. Claimant Minh Le admits that sufficient evidence exists to establish the forfeiture of the defendant $16,520 in United States currency, pursuant to Title 21, United States Code, Section 881(a)(6), and consents to the forfeiture of said currency without further notice to him. Claimant Minh Le further relinquishes all right, title and interest in the defendant $16,520 in United States currency, and agrees that said currency shall be forfeited to the United States and disposed of according to law by the United States Marshals Service.
5. The remaining $10,000 in United States currency shall be returned (via check) to Claimant Minh Le, through his attorney Scott Sugarman, whose business address 44 Montgomery Street, Suite 2080, San Francisco, California, 94104. Such payment shall be in full settlement and satisfaction of any and all claims by claimant, his heirs, representatives and assignees to the defendant property indirectly or directly related to this action
6. Claimant Minh Le, his heirs, representatives and assignees, shall hold harmless the United States, any and all agents, officers, representatives and employees of same, including all federal and local enforcement officers, for any and all acts directly or indirectly related to the seizure, detention and forfeiture of the defendant property.
7. Each party shall pay its own attorney fees and costs.

FINAL ORDER OF FORFEITURE

Based upon the above stipulation, all pleadings filed herein, the Court hereby finds that sufficient evidence exists to establish forfeiture of the defendant vehicle and the defendant $16,520 in United States currency as alleged in the Complaint for Forfeiture.

Accordingly, IT IS HEREBY ORDERED that the defendant vehicle shall be, and hereby is, forfeited to the United States, pursuant to Title 21, United States Code, Section 881(a)(4), without further notice to Claimant Minh Le. All right, title and interest in said property is hereby vested in the United States of America.

IT IS FURTHER ORDERED that the defendant $16,520 in United States currency shall be, and hereby is, forfeited to the United States, pursuant to Title 21, United States Code, Section 881(a)(6), without further notice to Claimant Minh Le.

IT IS FURTHER ORDERED that the remaining $10,000 in United States currency shall be returned (via check) to Claimant Minh Le, through his attorney Scott Sugarman, whose business address 44 Montgomery Street, Suite 2080, San Francisco, California, 94104. Such payment shall be in full settlement and satisfaction of any and all claims by claimant, his heirs, representatives and assignees to the defendant property indirectly or directly related to this action.

IT IS FURTHER ORDERED that claimant Minh Le, his heirs, representatives and assignees, shall hold harmless the United States, any and all agents, officers, representatives and employees of same, including all federal and local enforcement officers, for any and all acts directly or indirectly related to the seizure, detention and forfeiture of the defendant property.

IT IS FURTHER ORDERED that each party bear its own costs and attorneys fees.

IT IS FURTHER ORDERED that the United States Marshals Service shall dispose of the forfeited property according to law.

IT IS SO ORDERED.

20030425

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