The opinion of the court was delivered by: THE HONORABLE GEORGE H. KING
ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE FILED: 7/19/11 Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section KATHARINE SCHONBACHLER Assistant United States Attorney 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 November 19, 2010. Notice was given and published in accordance with law. Claimant Marina Kyuregyan ("Kyuregyan") filed a claim and an answer on January 11, 2011 and February 2, 2011, respectively. No other claims or answers have been filed, and the time for filing claims and answers has expired. The parties have reached an agreement that is dispositive of this action and 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 $123,810.00 in U.S. currency (hereinafter "defendant currency") other than claimant Kyuregyan 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 $111,430.00 of the defendant currency, with 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 asset in accordance with law.
4. $12,380.00 of the defendant currency, without any
interest earned by the government on the full amount of the
defendant currency, shall be returned to Kyuregyan by either
check or wire transfer. If the United States elects to make the
payment by check, the check will be payable to Marina Kyuregyan
and Law Offices of James E. Blatt Client Trust Account, and
mailed to the Law Offices of James E. Blatt, 9000 W. Sunset
Boulevard, Suite 704, West Hollywood, California 90069. If the
United States elects to make the payment by wire transfer, the
funds will be wire transferred to the Law Office of James E. Blatt Client Trust Account. Kyuregyan and her attorneys shall provide any and all information needed to process the return of these funds according to federal law.
7. Kyuregyan hereby releases the United States of America, its agencies, agents, officers and attorneys, including employees and agents of the Drug Enforcement Administration, as well as all agents, officers, employees and representatives of any state or local government or law enforcement agency involved in the investigation or prosecutionn of this matter, from any and all claims, actiions or liabilities arising out of or related to the seizue of the defendant currency or the prosecution of this action, including, without limitation, any claim for attorney's fees, costs or interst which may be asserted on behalf of Kyuregyan, whether pursuant to 28 U.S.C. § 2465 or otherwise.
8. 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.