The opinion of the court was delivered by: The Honorable Philip S. Gutierrez United States District Judge
[PROPOSED] CONSENT JUDGMENT OF FORFEITURE
On or about March 15, 2010, plaintiff United States of America ("the United States of America") filed a Complaint for Forfeiture alleging that the defendant $12,329.35 in U.S. Currency (the "defendant currency") is subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 21 U.S.C. § 881(a)(6).
Jesus Moreno ("claimant") claims an interest in the defendant currency, but has not filed a claim in this case or answered the complaint. However, claimant would have filed a claim and answer in this case absent this settlement. No other parties have appeared in this case and the time for filing claims and answers has expired.
The United States of America and claimant have now agreed to settle this action and to avoid further litigation by entering into this Consent Judgment of Forfeiture.
The Court having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the subject matter of this action and the parties to this Consent Judgment of Forfeiture.
2. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. § 981(a)(1)(C) and 21 U.S.C. § 881(a)(6).
3. Notice of this action has been given as required by law. No appearances have been made in this case by any person other than claimant. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true. Claimant is relieved of his obligation to file a claim and answer in this litigation.
4. $6,000.00 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." The remainder of the defendant currency, plus the interest earned by the United States of America on the defendant currency in its entirety, shall be condemned and forfeited to the United States of America. The United States Marshals Service is ordered to dispose of the property forfeited to the United States of America in accordance with law.
5. Claimant hereby releases the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers, employees and representatives of the Drug Enforcement Administration and the Department of Justice and their respective agencies, as well as all agents, officers, employees and representatives of any state or local governmental or law enforcement agency involved in the investigation or prosecution of this matter, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorney fees, costs, and interest, which may be asserted by or on behalf of claimant.
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.
7. The Court further finds that claimant did not substantially prevail in this action, and each of the parties hereto shall bear ...