The opinion of the court was delivered by: Honorable John F. Walter 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 MICHELE C. MARCHAND JS-6 Assistant United States Attorney cc: Fiscal California Bar No. 93390 Asset Forfeiture Section U.S. Courthouse, 14th Floor 312 N. Spring Street Los Angeles, CA 90012 Telephone: (213)894-2727 Facsimile: (213)894-7177 E-mail: Michele.Marchand@usdoj.gov Attorneys for Plaintiff United States of America
CONSENT JUDGMENT OF FORFEITURE
Plaintiff United States of America ("plaintiff") initiated this action by filing a Verified Complaint for Forfeiture ("Complaint") on December 17, 2010. Notice was given and published in accordance with law. Chauncey Ransom and Lakesha Williams ("claimants") filed timely claims and answers. No other claims or answers have been filed, and the time for filing claims and answers has expired.
Plaintiff and claimants have reached an agreement that is dispositive of this action. Plaintiff and claimants 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 $41,960.00 in U.S. currency ("defendant currency") other than claimants 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 $31,960.00 of the defendant $41,960.00 in U.S. currency and all interest earned thereon. No other person or entity shall have any right, title or interest in the forfeited currency. The United States Marshals Service is ordered to dispose of the forfeited currency in accordance with law.
4. The United States shall return to claimants the remaining $10,000.00 of the defendant currency and all interest earned thereon, in care of their attorney, Paul L. Gabbert. Said funds shall be forwarded by electronic funds transfer made payable to "Paul L. Gabbert, Attorney-Client Trust Account" within forty-five days of entry of judgment.
5. Claimants hereby release 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 attorneys' fees, costs or interest which may be asserted on behalf of claimants, 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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