UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
November 18, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
$352,604.00 IN U.S. CURRENCY, DEFENDANT.
KHONG HOANG, CLAIMANT
The opinion of the court was delivered by: Honorable Consuelo B. Marshall United States District Judge
On March 29, 2010, plaintiff United States of America ("plaintiff" or the "government") filed a Complaint for Forfeiture against the defendant currency as follows: $352,604.00 in United States Currency (the "defendant currency"). The government alleged that the defendant currency was subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6).
Claimant Khong Hoang filed a claim on June 28, 2010 and an answer on July 20, 2010. No other claims, statements of interest, or answers have been filed, and the time for filing claims, statements, and answers has expired.
The Court having been duly advised of and having considered the matter, and based upon the consent of plaintiff and claimants,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355.
2. The Complaint for Forfeiture states a claim for relief pursuant to 21 U.S.C. § 881(a)(6).
3. Notice of this action has been given as required by law. The claimant filed the only statement of interest or claim. The claimant filed the only answer in this action. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true.
4. The parties agree that $317,343.60 of the defendant currency shall be forfeited to the United States. The United States Marshals Service shall dispose of the currency in accordance with law.
6. The remaining $35,260.40 of the defendant currency with interest within 45 days of the entry of judgment, shall be electronically transmitted to the Paul L. Gabbert Client Trust Account.
7. The claimant hereby releases the United States of America, its agencies, officers, and employees, including employees of the Federal Bureau of Investigations, and local law enforcement agencies, their agents, officers, and employees, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorneys' fees or costs on behalf of claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise.
8. The Court finds that there was reasonable cause for the institution of these proceedings against the defendant assets. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
9. The Court further finds that the claimant did not substantially prevail in this action, and the parties shall bear their own attorneys' fees and other costs of litigation.
The government and claimant consent to judgment and waive any right to appeal.
© 1992-2010 VersusLaw Inc.