The opinion of the court was delivered by: Honorable S. James Otero United States District Judge
CONSENT JUDGMENT OF FORFEITURE
Plaintiff United States of America ("plaintiff") initiated this action by filing a Verified Complaint for Forfeiture on May 8, 2006. Notice was given and published in accordance with law. Le Hua Wu and Khang Trong Nguyen ("claimants") filed a joint claim and answer on July 17, 2006. No other claims or answers have been filed, and the time for filing claims and answers has expired. Plaintiff and claimants 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 $23,850.00 in U.S. currency, $5,731.00 in U.S. currency, and $2,000.00 in U.S. currency other than claimants 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. The United States of America shall have judgment as to $21,581.00 of the defendant U.S. currency and all interest earned on the entire amount of the defendant currency. No other person or entity shall have any right, title or interest in the forfeited currency. The United States Marshals Service is ordered to dispose of said asset in accordance with law.
4. The remaining $10,000.00 of the defendant currency and all interest earned thereon shall be returned to claimants in care of their attorney, Philip Deitch. Said funds shall be forwarded by electronic funds transfer made payable to "Le Hua Wu and Khang Trong Nguyen," and shall be transmitted to the Philip Deitch Client Trust Account.
5. Claimants hereby release 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 behalf of the claimants, 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 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 ...