UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
November 29, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
$1,182,527.40 IN BANK FUNDS, DEFENDANT.
The opinion of the court was delivered by: Andre Birotte Jr.
United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section P. GREG PARHAM California Bar No. 140310 Assistant United States Attorney Asset Forfeiture Section
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-6528
Facsimile: (213) 894-7177
E-mail: Greg.Parham@usdoj.gov Attorneys for Plaintiff United States of America
TREE IMPORT/EXPORT, Claimant.
CONSENT JUDGMENT OF FORFEITURE
This action was filed on September 14, 2010. Notice was given and published in accordance with law. No statements of interest or answers have been filed, and the time for filing such statements and answers expired on November 16, 2010.*fn1 Plaintiff and potential claimant Tree Import/Export, from whom the $1,182,527.40 in bank funds ("defendant funds") was seized, 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 funds other than Tree Import/Export 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 $591,263.70 of the defendant funds, plus all interest earned by the government on the full amount of the defendant funds, and no other person or entity shall have any right, title or interest therein. The Department of Treasury is ordered to dispose of said assets in accordance with law.
4. $591,263.70 of the defendant funds, without any interest earned by the government on that amount, shall be paid to claimant Tree Import/Export, and be returned in care of its attorney, Harry J. Liu. Said funds shall be paid to Tree Import/Export not later than sixty (60) days from the date of the entry of this consent judgment by electronic transfer directly into an account held in the name of Law & Mediation Office of Harry J. Liu Client Trust Account at Chase Bank.
5. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Internal Revenue Service, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of the claimant, 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 funds and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
THE HONORABLE MANUEL L. REAL UNITED STATES DISTRICT JUDGE
[Signatures of counsel appear on the next page.]
Approved as to form and content:
Dated: , 2010 ANDRE BIROTTE JR.
United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section
P. GREG PARHAM Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America
Dated: , 2010
HARRY J. LIU/ZACHARY TAN Attorneys for Claimant TREE IMPORT/EXPORT