The opinion of the court was delivered by: The Honorable R. Gary Klausner United States District Judge
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
CONSENT JUDGMENT OF FORFEITURE
This action was filed on July 2, 2010. Notice was given and published in accordance with law. Claimant Elvis Alvarez ("claimant") filed a statement of interest and answer on September 7 and 27, 2010, respectively. Plaintiff and claimant 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 $32,791.00 in U.S. Currency ("defendant currency") other than claimant 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 $22,791.00 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. $10,000.00 of the defendant currency, without any interest earned by the government on that amount, shall be paid to claimant not later than sixty (60) days from the date of the entry of this judgment by electronic transfer directly into Banco Popular North America account number xxxxxx4459 entitled "L. Ciro Sappeto, Attorney at Law, Attorney Client Trust Account." Claimant's counsel agrees to provide appropriate financial institution account information within 10 days of execution of this consent judgment.
5. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Administration and Los Angeles County Sheriffs Department, 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.
7. The Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this Consent Judgment.
Approved as to form and ...