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U.S. v. NET PROCEEDS IN THE AMOUNT OF $96

United States District Court, S.D. California


December 22, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
NET. PROCEEDS IN THE AMOUNT OF $96,266.60 FROM THE SALE OF REAL PROPERTY LOCATED AT 838 PHILLIPS STREET, VISTA, CALIFORNIA Defendant.

The opinion of the court was delivered by: JOHN HOUSTON, Magistrate Judge

STIPULATED JUDGMENT OF FORFEITURE; ORDER THEREON

The United States of America, by and through its attorneys, Carol C. Lam, United States Attorney, and Garry G. Haehnle, Special Assistant U.S. Attorney, and the claimants, Doris Watson and Christopher Wood, and their attorney of record, Richard M. Barnett, stipulate as follows:

  1. The parties have entered into this stipulation in order to resolve the matter of the seizure and forfeiture of the defendant.

  2. The United States Department of Justice has accepted the offer in settlement which is hereinafter described in its particulars. 3. Claimants, through their attorney Richard M. Barnett, agrees the defendant currency is subject to forfeiture pursuant to 21 U.S.C. 881(a) (6).

  4. 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 be borne by the United States.

  5. Fifteen thousand dollars ($15,000.00), minus the costs as discussed above, of the $96,266.60, will be condemned and forfeited to the United States. The remainder of the defendant currency plus Interest, According to law, plus interest, According to law, CVW shall be returned to the claimants through their attorney Richard M. Barnett.

  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. Claimants agree that by entering into this stipulation, they have not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party shall bear its own costs and expenses, including attorney fees.

  7. The claimants, their agents, employees, or assigns, holds and saves 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. 8. The claimants knowingly and voluntarily waive any and all constitutional claims and defenses to the forfeiture of the defendant currency including, but not limited to, the Eighth Amendment protection against excessive fines.

  ORDER

  Having reviewed the foregoing Stipulation and good cause appearing therefor,

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

  2. The defendant currency is subject to forfeiture pursuant to 21 U.S.C. 881(a) (6).

  3. 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 be borne by the United States.

  4. Fifteen thousand dollars ($15,000.00), minus the costs as discussed above, of $96,266.60 shall be condemned and forfeited to the United States. The remainder of the defendant currency plus Interest, According to law, shall be returned to the claimants, through their attorney, Richard M. Barnett.

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

  6. The claimants, their 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. The claimants knowingly and voluntarily have waived any and all constitutional claims and defenses to the forfeiture of the defendant property including, but not limited to, the Eighth Amendment protection against excessive fines.

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

20051222

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