The opinion of the court was delivered by: Honorable Valerie Baker Fairbank United Sates District Judge
[Proposed] CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANT JIRAIR AVANESSIAN [This proposed judgment is not case-dispositive]
Plaintiff United States of America ("plaintiff" or "the government") initiated this action by filing a Complaint for Forfeiture on May 25, 2010. Notice was given and published in accordance with law. Jassmen Talideh ("claimant Talideh") and Jirair Avanessian ("claimant Avanessian") filed timely claims.
Claimant Talideh filed an answer on July 22, 2010. Claimant Avanessian has not filed an answer. However, for the purpose of this Consent Judgment, plaintiff waives its objection to claimant Avanessian's failure to file an answer and the right to move for entry of default against claimant Avanessian's interests. No other claims and answers have been filed and the time for filing claims and answers has expired.
Plaintiff and claimant Avanessian have reached an agreement that is dispositive of claimant Avanessian's claim. Plaintiff and claimant Avanessian hereby request that the Court enter this Consent Judgment of Forfeiture as to claimant Avanessian's interest in the defendant bank funds.
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 $227,932.34 in bank funds ("defendant bank funds"), other than claimant Talideh, 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 claimant Avanessian's interest in the defendant $227,932.34 in bank funds and all interest earned thereon. No other person or entity shall have any right, title or interest in claimant Avanessian's forfeited interest in the defendant bank funds. Upon entry of a final judgment of forfeiture, the United States Marshals Service shall dispose of said assets in accordance with law.
4. Claimant Avanessian hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the United States Federal Bureau of Investigation and Immigration and Customs Enforcement, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitations, any claims for attorney's fees, costs or interest which may be asserted on behalf of said claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5. The Court finds that there was reasonable cause for the seizure of the defendant bank funds and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
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