UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
September 12, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
$23,063.32 IN U.S. CURRENCY, DEFENDANT. ANDREW A. KIELY, CLAIMANT.
The opinion of the court was delivered by: The Honorable Consuelo B. Marshall 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 FRANK D. KORTUM Assistant United States Attorney Asset Forfeiture Section California Bar No. 110984 United States Courthouse 312 North Spring Street, Suite 1400 Los Angeles, California 90012 Telephone: (213)894-5710 Facsimile: (213)894-7177 E-Mail: Frank.Kortum@usdoj.gov Attorneys for Plaintiff United States of America
CONSENT JUDGMENT OF FORFEITURE
On October 31, 2008, plaintiff United States of America ("the United States of America") filed a Verified Complaint for Forfeiture alleging that the defendant $23,063.32 in U.S. currency (the "defendant currency") is subject to forfeiture pursuant to 21 U.S.C. § 981(a)(6).
The United States of America deemed claimant Andrew A. Kiely ("claimant") to have filed a claim to the defendant currency. No other parties have appeared in this case and the time for filing claims and answers has expired.
The United States of America and claimant have now agreed to settle this action and to avoid further litigation by entering into this Consent Judgment of Forfeiture.
The Court having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the subject matter of this action and the parties to this Consent Judgment of Forfeiture.
2. The Complaint for Forfeiture states a claim for relief pursuant to 21 U.S.C. § 881(a)(6).
3. Notice of this action has been given as required by law. No appearances have been made in this case by any person other than claimant. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true.
4. $14,991.16 of the defendant currency, with interest, shall be returned to claimant. The remainder of the defendant currency ($8,072.16), plus the interest earned by the United States of America on the entire sum since seizure, shall be condemned and forfeited to the United States of America. The United States Marshals Service is ordered to dispose of the defendant currency in accordance with the law.
5. The funds to be returned to claimant pursuant to paragraph 4 shall be paid to claimant within sixty (60) days of the entry of this Consent Judgment of Forfeiture.
6. Claimant hereby releases the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers, employees and representatives of the Drug Enforcement Administration and the Department of Justice and their respective agencies, as well as all agents, officers, employees and representatives of any state or local governmental or law enforcement agency involved in the investigation or prosecution of this matter, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorney fees, costs, and interest, which may be asserted by or on behalf of claimant.
7. 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.
8. The Court further finds that claimant did not substantially prevail in this action, and each of the parties hereto shall bear their own attorney fees and costs.
9. The Court shall maintain jurisdiction in this case for the purpose of effectuating the terms of this Consent Judgment of Forfeiture.
The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of appeal.
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