The opinion of the court was delivered by: The Honorable Dale S. Fischer United States District Judge
This action was filed on May 26, 2010. Notice was given and published in accordance with law. On June 28, 2010, claimant Gabriel Hernandez Diaz ("Diaz") filed a claim. No other claims or answers have been filed, and the time for filing such claims and answers has expired. Plaintiff and claimant have reached an agreement that is dispositive of the action. The parties hereby request that the Court enter this Consent Judgment of Forfeiture.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1. This court has jurisdiction over the parties and the subject matter of this action.
2. Notice of this action has been given in accordance with law. All potential claimants to the defendant other than claimant are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture.
3. $18,000.00 of the defendant currency, without any interest earned, shall be paid to claimant not later than forty-five (45) days from the date of the entry of this judgment by electronic transfer directly into the account entitled "Paul L. Gabbert, Client Trust Account."
4. The United States of America shall have judgment as to the remainder of the defendant currency, plus all interest earned by the government on the full amount of the defendant 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. Claimant 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.
6. Plaintiff, United States of America, agrees that it will not seek to recover civil sanctions (except to the extent that the forfeiture of the defendants can be considered a civil sanction), attorney's fees or costs in connection with this action or the underlying seizure.
7. The Court finds that there was reasonable cause for the seizure of the defendant currency and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
© 1992-2010 VersusLaw ...