The opinion of the court was delivered by: The Honorable Stephen G. Larson United States District Judge
CONSENT JUDGMENT OF FORFEITURE
By the signatures of their attorneys hereunder, plaintiff United States of America and claimant Vanessa Garcia ("Garcia") ask that this court enter this consent judgment as to the defendant assets subject to this forfeiture complaint.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1. This court has jurisdiction over the parties to this proposed consent judgment and the subject matter of this action.
2. The defendant assets to be forfeited or returned are set out immediately below. To the extent that any asset or interest is forfeited pursuant to this judgment, the United States shall dispose of such asset or interest in accordance with law.
a. A 2006 Ford F150 Supercrew King Ranch Pickup Truck is hereby forfeited to the United States, subject to a secured lien held by Ford Motor Credit Co., and no other right, title or interest shall exist therein.
b. $6,000.00 of the $18,018.00 in U.S. currency shall be returned to claimant Vanessa Garcia and her attorney Danuta W. Tuszynska, Esq., by check payable to the Law Offices of Danuta W. Tuszynska and shall be mailed to 7121 Magnolia Avenue, Riverside, California 92504. The balance of the res consisting of $12,018.00 is hereby forfeited to the United States, and no other right, title or interest shall exist therein.
3. Claimant Vanessa Garcia hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the United States Drug Enforcement Administration, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorneys' fees, costs or interest which may be asserted on his behalf, whether pursuant to 28 U.S.C. § 2465 or otherwise.
4. Each party shall bear its own costs of litigation and attorney's fees. Each party waives its right to appeal. The parties agree that the Court's entry of this Consent Judgment constitutes a certificate of reasonable cause pursuant to 28 U.S.C. § 2465(a)(2).
5. The parties agree that the Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this settlement.
Consent of the Parties to this Consent Judgment Appears on the Following Page
Approved as to form and content:
DATED: ______________, 2009
THOMAS P. O'BRIEN United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States ...