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United States v. $19

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


October 18, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$19,995.00 IN U.S. CURRENCY, DEFENDANT.
LINDA ERB, PERSONALLY AND ON BEHALF OF HER MINOR DAUGHTER, E.A.L., CLAIMANT.

The opinion of the court was delivered by: Honorable George H. King United States District Judge

[Proposed] CONSENT JUDGMENT OF FORFEITURE

Plaintiff United States of America ("plaintiff") initiated this action by filing a Verified Complaint for Forfeiture ("Complaint") on November 12, 2009. Notice was given and published in accordance with law. Linda Erb filed timely claims and answers, personally and on behalf of her minor daughter, E.A.L. ("claimants"). 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 this action. Plaintiff and claimants 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 $19,995.00 in U.S. currency ("defendant 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 $9,997.50 of the defendant $19,995.00 in U.S. currency and all interest earned thereon. 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 the forfeited currency in accordance with law.

5. The United States shall return to claimants the remaining $9,997.50 of the defendant currency and all interest earned thereon. The remainder of the defendant bank funds shall be returned to claimants Linda Erb and E.A.L., in care of their attorney, Paul L. Gabbert. Said funds shall be forwarded by electronic funds transfer made payable to "Paul L. Gabbert, Attorney-Client Trust Account" within forty-five days of entry of judgment.

6. Claimants hereby release the United States of America, its agencies, agents, and officers, including employees and agents of the Federal Bureau of Investigation, 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 claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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.

20101018

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