The opinion of the court was delivered by: The Honorable George H. King United States District Judge
ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK E-FILED: 1/19/11 Assistant United States Attorney Chief, Asset Forfeiture Section KATHARINE SCHONBACHLER Assistant United States Attorney Asset Forfeiture Section California Bar No. 222875 JS-6 Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-3172 Facsimile: (213) 894-7177 E-mail: Katie.Schonbachler@usdoj.gov Attorneys for Plaintiff United States of America
CONSENT JUDGMENT OF FORFEITURE
This action was filed on October 28, 2010. Notice was given and published in accordance with law. Plaintiff and potential claimant Steven Fleurant ("Fleurant") have reached an agreement that is dispositive of the action. No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired.
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 $63,880.00 in U.S. currency (hereinafter "defendant currency") 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. Fleurant is relieved of his obligation to file a verified claim of interest or an answer in this litigation.
3. The United States of America shall have judgment as to $57,880.00 of the defendant currency, plus all interest earned by the government on the full amount of the defendant currency, and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said assets in accordance with law.
4. $6,000.00 of the defendant currency, without any interest earned by the government on the amount, shall be paid to Steven Fleurant and be returned in care of his attorney, Meir Moza. Said funds shall be forwarded to Steven Fleurant in care of his attorney, Meir Moza, Esq., Law Offices of Meir Moza, 217 Willis Avenue, Suite 101, Mineola, New York 11501. Fleurant and his attorney will provide any and all information needed to process the return of funds according to federal law. / / /
5. Fleurant hereby releases 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 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 currency 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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