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U.S. v. BANK OF AMERICA

United States District Court, S.D. California


October 24, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
BANK OF AMERICA CASHIER'S CHECK IN THE AMOUNT OF $36,796.23, Defendant.

The opinion of the court was delivered by: JEFFREY MILLER, 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 Kathleen W. Clark, Assistant U.S. Attorney, and the claimants, Jose Eduardo Casillas and Veronica Casillas-Villagrana, and their attorney of record, Daniel Casillas, stipulate as follows:

  1. That the parties have entered into this stipulation in order to resolve the matter of the seizure and forfeiture of the defendant Bank of America Cashier's Check in the amount of $36,796.23.

  2. That the United States Department of Justice has accepted the offer in settlement, which is hereinafter described in its particulars.

  3. That from the defendant, the amount of $18,398.12 shall be returned to the claimants, Jose Eduardo Casillas and Veronica Casillas-Villagrana, through their attorney, Daniel Casillas. That the remainder of the defendant shall be condemned and forfeited to the United States. 4. That the costs incurred by the Drug Enforcement Administration and the United States Marshals Service which were incident to the seizure of the defendant currency shall borne by the United States.

  5. That the person or persons who made the arrests, searches, and seizure; 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. That claimants, Jose Eduardo Casillas and Veronica Casillas-Villagrana, agree that by entering into this stipulation, they have not "substantially prevailed" within the meaning of Section 2465. That each party shall bear its own costs and expenses, including attorney fees.

  6. That claimants, their agents, employees, or assigns, shall hold and save harmless the United States, its agents and employees, from any and all claims that might result from the seizure of the above-described defendant.

  7. That claimants, Jose Eduardo Casillas and Veronica Casillas-Villagrana, hereby waive knowingly and voluntarily any right to a constitutional protection against multiple punishments or successive prosecutions under the Double Jeopardy Clause of the Fifth Amendment as it may relate to the allegations contained in the pleadings of this case. ORDER

  Having reviewed the foregoing Stipulation and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED and DECREED:
The Stipulation is approved;
  1. The United States Department of Justice has accepted the offer in settlement, which is hereinafter described in its particulars.

  2. From the defendant currency, the amount of $18,398.12 shall be returned to the claimants, Jose Eduardo Casillas and Veronica Casillas-Villagrana, through their attorney, Daniel Casillas. The remainder of the defendant shall be condemned and forfeited to the United States.

  3. Costs incurred by the Drug Enforcement Administration and the United States Marshals Service which were incident to the seizure of the defendant currency shall be borne by the United States.

  4. The person or persons who made the arrests, searches, and seizure; the United States; and the prosecutor shall not be liable to suit or judgment on account of such actions in accordance with Section 2465. Claimants, Jose Eduardo Casillas and Veronica Casillas-Villagrana, agree that by entering into this stipulation, they have not "substantially prevailed" within the meaning of Section 2465. Each party shall bear its own costs and expenses, including attorney fees.

  5. The claimants, their agents, employees, or assigns, shall hold and save harmless the United States, its agents and employees, from any and all claims that might result from the seizure of the above-described defendant.

  6. The claimants, Jose Eduardo Casillas and Veronica Casillas-Villagrana, hereby waive knowingly and voluntarily any right to a constitutional protection against multiple punishments or successive prosecutions under the Double Jeopardy Clause of the Fifth Amendment as it may relate to the allegations contained in the pleadings of this case.

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

20051024

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