The opinion of the court was delivered by: The Honorable R. Gary Klausner United States District Judge
AMENDED CONSENT JUDGMENT OF FORFEITURE
This action was filed on September 21, 2006. Notice was given and published in accordance with law. Claimant Richard Gastelum ("claimant") filed the only claim and the civil case was stayed pending completion of the related criminal case. See United States v. Richard Gastelum, et al., CR 06-00283(A)-RGK-1.
The stay of this case was lifted on November 18, 2010. On January 28, 2011, Default by Clerk was entered against the interests of Michelle Campbell, Emma Ramirez, Octavio Lopez, Patricia Leon and Diane Schell as to all of the defendant assets. No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired. 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:
A. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties hereto.
B. The Complaint for Forfeiture states a claim for relief pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(C).
C. Notice of this action has been given in accordance with law. All potential claimants to defendant 2003 Mercedes S55 AMG, its tools and appurtenances, registered in the name of Patricia Leon; defendant 2003 BMW 745i, its tools and appurtenances, registered in the name of Emma Ramirez; defendant 2003 Hummer H2 SUV, its tools and appurtenances, registered in claimant's name; defendant 2004 Lincoln Navigator, its tools and appurtenances, registered in the name of Diane Schell; defendant Assorted Men's Jewelry; defendant $20,000.00 in U.S. currency; and defendant $3,104.00 in U.S. currency (collectively, "defendants") 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.
D. The United States of America shall have judgment as to $18,104.00 of the defendant currency and all other defendants, together with all interest earned by the government on $18,104.00 of the defendant currency, and no other person or entity shall have any right, title or interest therein.
E. To the extent said funds have not already been returned to Claimant pursuant to the consent judgment of forfeiture entered August 5, 2011, $5,000.00 of the defendant currency, together with all interest earned by the government on that amount since seizure, shall be paid to Claimant not later than forty-five (45) days from the date of the entry of this judgment by a Treasury check delivered to Claimant at the federal facility where he is housed. Said payment shall be subject to applicable federal law.
F. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the United States Drug Enforcement Agency, 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.
G. The court finds that there was reasonable cause for the seizure of the defendants and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
Approved as to form and content:
Dated: August , 2011 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 ________________________________ JENNIFER M. RESNIK Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America DATED: August ___, 2011 SEAN K. KENNEDY Federal ...