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United States v. One 2006 Mercedes E55

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION


March 29, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ONE 2006 MERCEDES E55, ONE BREITLING K13355 WATCH, $237,150.00 IN U.S. CURRENCY, $12,636.49 IN BANK ACCOUNT FUNDS, AND $35,786.45 IN ACCOUNT FUNDS, DEFENDANTS. JAMES LAMMERDING, CLAIMANT.

The opinion of the court was delivered by: The Honorable Andrew J. Guilford United States District Judge

[PROPOSED] PARTIAL CONSENT JUDGMENT AS TO $190,233.71 IN U.S. CURRENCY

[This Proposed Consent Judgment Is Not Dispositive of This Entire Action] On April 25, 2008, plaintiff United States of America ("the government") filed a Verified Complaint for Forfeiture pursuant to 21. U.S.C. §§ 881 (A)(4) and (a)(6) against the defendants:

One 2006 Mercedes E55, One Breitling KL3355 Watch, $237,150.00 in U.S. Currency, $12,636.49 in Bank Account Funds, and $35,786.45 in Account Funds ("collectively referred to hereafter as "the defendant assets").

The government notified potential claimants of this action and published notice of this action as required by Supplemental Rule G (4)(a) of the Federal Rules of Civil Procedure.

Claimant James Lammerding ("Lammerding") filed a claim as to his interest in the defendant assets on May 21, 2008. No other parties have appeared in this case.

The government and Lammerding have now agreed that $190,233.71 of the seized currency may be applied toward Lammerding's tax liability with the Internal Revenue Service for the years 2005 through 2007.

The parties hereby request the Court enter this Partial Consent Judgment as to $190,233.71 in U.S. Currency.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. This Court has jurisdiction over the subject matter of this action and over the parties to the Partial Consent Judgment.

2. Lammerding's tax liability for the years 2005 through 2007 is estimated to be $190,233.71.

3. Lammerding agrees to release $190,233.71 in U.S. Currency from the defendant assets currently being held by the United States Marshal Service ("USMS"). The remaining defendant assets will continue to be held by the USMS pending the disposition of this matter.

4. Within 60 days of the entry of this Partial Consent Judgment, USMS will remit $190,233.71 to the Internal Revenue Service to be applied to Lammerding's tax liability. Said remittance shall be forwarded to the following address:

Internal Revenue Service Appeals Office Attn: Carol Nguyen Mail Stop 8900 24000 Avila Road, Suite 4404 Laguna Niguel, CA 92677-3405

Lammerding's social security number shall also be noted on the remittance payment.

5. Lammerding hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the 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 attorney's fees, costs or interest which may be asserted on behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise.

6. The court finds that there was reasonable cause for the seizure of the defendant assets and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

20100329

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