UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
December 11, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
$49,731.98 IN CASHIERS CHECKS (BANK OF AMERICA) AND $57,419.33 IN CASHIERS CHECKS (UNION BANK OF CALIFORNIA), DEFENDANTS.
DENNIS VOONG AND FANNY LAM, CLAIMANTS.
The opinion of the court was delivered by: Honorable George H. WU United States District Judge
CONSENT JUDGMENT AS TO THE FOLLOWING DEFENDANT ASSETS ONLY: $57,419.33 CASHIER'S CHECKS AND $49,731.98 IN CASHIER'S CHECKS
A. On or about October 17, 2007, plaintiff United States of America ("the government" or "the United States of America") filed a Complaint for Forfeiture alleging that the defendant ("defendant currency"), is subject to forfeiture pursuant to 21 U.S.C. §§ 881 (a)(6). On or about November 21, 2007, claimants Dennis Voong and Fanny Lam filed a claim to $49,731.98 and $57,419.33 in cashier's checks. On or about December 6, 2007, claimants Dennis Voong and Fanny Lam filed an answer.
B. The government and claimants Dennis Voong and Fanny Lam, have now agreed to settle this matter as to defendants described in paragraph A and to avoid further litigation between them by entering into this Consent Judgment.
C. The Court having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. This Court has jurisdiction over the subject matter of this action and over the parties to this Consent Judgment of Forfeiture.
2. As between plaintiff United States of America and claimants Dennis Voong and Fanny Lam, Complaint for Forfeiture states a claim for relief pursuant to 21 U.S.C. § 881 (a)(6).
3. Notice of this action has been given as required by law. No appearances have been made in this case by any person with respect to the defendant described in Paragraph A other than claimants Dennis Voong and Fanny Lam. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true as to the defendant described in Paragraphs A.
4. The United States of America shall have judgment as to $17,000.00 in United States currency of the defendants described in Paragraph A, plus all interest earned by the government on the entirety of the $17,000.00 in United States currency, and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said assets in accordance with law.
5. $90,151.31, of the defendants described in Paragraph A, without any interest earned by the government on that amount, shall be returned to claimants Dennis Voong and Fanny Lam. Said funds shall be forwarded by check made payable to "Gerson S. Horn, Esq., Attorney-Client Trust Account," and shall be mailed to Gerson S. Horn, Esq., Gerson S. Horn Law Offices, 11661 San Vicente Boulevard Suite 903, Los Angeles, California 90049. The United States of America shall return $90,151.31 to claimants in exchange for a waiver of attorney fees and costs.
6. Claimants Dennis Voong and Fanny Lam, hereby release the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers, employees and representatives of the Drug Enforcement Agency, and its respective agencies, as well as all agents, officers, employees and representatives of any state or local governmental or law enforcement agency involved in the investigation or prosecution of this matter, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorney fees, costs, and interest, which may be asserted by or on behalf of claimants Dennis Voong and Fanny Lam, whether pursuant to 28 U.S.C. § 2465 or otherwise.
7. The Court finds that there was reasonable cause for the seizure of the defendant described in Paragraph A and institution of these proceedings against the said defendant. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465 as to the said defendant.
8. The Court further finds that claimants Dennis Voong and Fanny Lam, did not substantially prevail in this action, and each of the parties hereto shall bear its own attorney fees and costs.
The parties hereto consent to the above judgment and waive any right to appeal this judgment.
DATED: December 5, 2008
THOMAS P. O'BRIEN United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section FRANK D. KORTUM Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA
GERSON S. HORN Attorney for Claimants Dennis Voong and Fanny Lam
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