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U.S. v. $166

United States District Court, S.D. California


October 4, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
$166,656.68 IN U.S. CURRENCY, REPRESENTING THE NET PROCEEDS FROM THE SALE OF ONE RESIDENTIAL PROPERTY LOCATED AT 1641 ALVARADO STREET, OCEANSIDE, CALIFORNIA 92054, Defendant.

The opinion of the court was delivered by: THOMAS WHELAN, District Judge

STIPULATED JUDGMENT OF FORFEITURE; ORDER THEREON

The United States of America, by and through its attorneys, Carol C. Lam, United States Attorney, and Leah R. Bussell, Assistant U.S. Attorney, and the claimant, Edward Dean Hohner, and his attorney of record, James J. Warner, stipulate as follows:

  1. The parties have entered into this stipulation in order to resolve the matter of the seizure and forfeiture of the substituted defendant, $166,656.58, and which stipulation is in connection with the entry of Claimant Edward Dean Hohner's guilty plea in United States v. Edward Hohner, Criminal Case No. 04cr0862-JM.

  2. Claimant warrants and represents as a material fact that no other person or entity has any claim or interest in the real property which was the original defendant in this case and from which the substituted $166,656.58 was generated. 3. From the defendant currency, $30,000.00 shall be returned to the claimant, Edward D. Hohner, through his attorney of record, James J. Warner. The remainder of the defendant currency, in the amount of $136,656.68, shall be condemned and forfeited to the United States, pursuant to Title 21, United States Code, Section 881(a)(6) and Title 18, United States Code, Section 981(a)(1).

  4. Judgment shall be entered in favor of the United States on its First Amended Complaint seeking forfeiture of the substituted property pursuant to Title 21, United States Code, Section 881(a)(6) and Title 18, United States Code, Section 981(a)(1).

  5. The costs incurred by the Drug Enforcement Administration and the United States Marshals Service which were incident to the seizure of the original defendant real property, and thereafter the substituted currency, shall be a first charge against the forfeited $136,656.68 currency.

  6. The person or persons who made the arrests, searches, and seizures, the United States and the prosecutor shall not be liable to suit or judgment on account of such actions in accordance with Title 28, United States Code, Section 2465. Edward Hohner agrees that by entering into this stipulation, he has not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party shall bear its own costs and expenses, including attorney's fees. 7. The claimant, his 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 above-described defendant.

  ORDER

  Having reviewed the foregoing Stipulation and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED and DECREED:
1. The stipulation is approved.
  2. From the defendant currency, $30,000.00 shall be returned to the claimant, Edward D. Hohner, through his attorney of record, James J. Warner. The remainder of the defendant currency, in the amount of $136,656.68, is hereby condemned and forfeited to the United States, pursuant to Title 21, United States Code, Section 881(a)(6) and Title 18, United States Code, Section 981(a)(i).

  3. The costs incurred by the Drug Enforcement Administration and the United States Marshals Service which were incident to the seizure of the original defendant real property, and thereafter the forfeited substituted currency, shall be a first charge against the forfeited $136,656.68 currency.

  4. The person or persons who made the arrests, searches, and seizures, the United States and the prosecutor are not liable to suit or judgment on account of such actions in accordance with Title 28, United States Code, Section 2465.

  5. Edward Hohner has not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party shall bear its own costs and expenses, including attorney's fees.

  6. The claimant, his 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 above-described defendant.

  7. Judgment shall be entered in favor of the United States on its First Amended Complaint seeking forfeiture of the substituted property pursuant to Title 21, United States Code, Section 881(a)(6) and Title 18, United States Code, Section 981(a)(1).

  8. This case is hereby ordered closed. Let judgment be entered accordingly.

20051004

© 1992-2005 VersusLaw Inc.



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