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United States v. $290

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


June 3, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$290,040.00 IN U.S. CURRENCY AND $21,882.00 IN U.S. CURRENCY, DEFENDANTS.

The opinion of the court was delivered by: A. Howard Matz United States District Judge

CONSENT JUDGMENT

In this action, plaintiff United States of America (the "government") alleges that the defendants $290,040 in U.S. Currency and $21,882 in U.S. Currency (collectively, the "defendants") are subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6) on the ground that the defendants constitute proceeds traceable to one or more exchanges for a controlled substance or listed chemical in violation of 21 U.S.C. § 841 et seq.

The government and potential claimants Jesus Sanchez ("Sanchez") and Aide Yadira Bautista (individually, "Bautista," and collectively with Sanchez, the "claimants") have agreed to settle this forfeiture action and to avoid further litigation by entering into this consent judgment.

The Court, having been duly advised of and having considered the matter, and based upon the mutual consent of the parties, HEREBY ORDERS, ADJUDGES, AND DECREES:

1. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355.

2. The Complaint states claims for relief pursuant to 21 U.S.C. § 881(a)(6).

3. Notice of this action has been given as required by law. No appearance has been made in this action by any person, and the time to file a claim and an answer has expired. The Court deems that all potential claimants other than the claimants admit the allegations of the Complaint to be true, and hereby enters default against all such potential claimants.

4. The defendant $290,040 in U.S. Currency and any interest accrued thereon shall be forfeited to the United States of America, which shall dispose of the same according to law.

5. The defendant $21,882 in U.S. Currency and any interest accrued thereon shall be returned to the claimants no later than forty-five (45) days from the entry of this judgment by electronic transfer directly into the account entitled "Paul L. Gabbert, Client Trust Account."

6. The claimants hereby release the United States of America, the State of California, all counties, municipalities and cities within the State of California, and their agencies, departments, offices, agents, employees and officers, including, but not limited to, the United States Attorney's Office, the Drug Enforcement Administration, and their employees and agents, from any and all, known or unknown, claims, causes of action, rights, and liabilities, including, without limitation, any claim for attorney's fees, costs, or interest which may be now or later asserted by or on behalf of the claimants, arising out of or related to this action, or the seizure or possession of the defendants. The claimants represent and agree that they have not assigned and are the rightful owners of such claims, causes of action and rights.

7. The claimants also agree to hold harmless and indemnify the United States, the United States Attorney's Office and the Drug Enforcement Administration and their employees from all claims by any third parties to the defendant $21,882 in U.S. Currency and any interest accrued thereon being returned to the claimants.

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

9. The parties shall each bear their own attorney's fees and other costs and expenses of litigation.

20100603

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