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United States of America v. $21

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


September 28, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$21,616.00 IN U.S. CURRENCY, DEFENDANT. STACY ANN SCOTT ALAN, CLAIMANT.

The opinion of the court was delivered by: The Honorable S. James Otero United States District Judge

ANDRÉ 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 VICTOR A. RODGERS California Bar No. 101281 Assistant United States Attorney Asset Forfeiture Section Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-2569 Facsimile: (213) 894-7177 E-mail: victor.rodgers@usdoj.gov Attorneys for Plaintiff UNITED STATES OF AMERICA

CONSENT JUDGMENT OF FORFEITURE

On or about August 5, 2010, Plaintiff United States of America ("the government," "the United States of America" or "plaintiff") filed a Complaint for Forfeiture alleging that the defendant $21,616.00 in U.S. Currency (the "defendant currency") is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6).

Claimant Stacy Ann Scott Alan filed a claim to the defendant currency on or about October 4, 2010 and an answer to the Complaint on or about June 27, 2011. Potential claimant Corey O'Connor on September 6, 2011 filed a stipulation between the parties and order thereon to allow potential claimant Corey O'Connor to file a claim and answer in this action. Claimant Stacy Ann Scott Alan and potential claimant Corey O'Connor are referred to herein collectively as "claimants." No other parties have appeared in this case and the time for filing claims and answers has expired.

The government and claimants 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. Corey O'Connor is relieved of his duty to file a claim and answer in this case. No appearances have been made in the litigation by any person other than claimants. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true.

4. The sum of $12,500.00 only (without interest), less any debts or other amounts owed by claimant Stacy Ann Scott Alan which the United States of America is entitled to offset pursuant to 31 U.S.C. § 3716,*fn1 shall be returned to claimants. The remainder of the defendant currency (i.e., $9,116.00), plus the interest earned by the United States of America on the defendant currency shall be condemned and forfeited to the United States of America, which shall dispose of those funds in accordance with law.

5. The funds to be returned to claimant Stacy Ann Scott Alan pursuant to paragraph 4 above shall be paid to claimant Stacy Ann Scott Alan by electronic transfer directly into the client trust account of Kelechi Charles Emeziem, Esq., attorney of record for claimants in this case. Claimants (through their attorney of record Kelechi Charles Emeziem, Esq.) shall provide all information and complete all documents requested by the United States of America in order for the United States of America to complete the transfer and determine the government's right to any offset pursuant to 31 U.S.C. § 3716 including, without limitation, providing claimant Stacy Ann Scott Alan's social security and taxpayer identification numbers, and the identity of the bank, the bank's address and the account name, account number, account type and wire transfer routing number for the Kelechi Charles Emeziem client trust account to which the transfer of funds is to be made.

6. Claimants, and each of them, hereby release 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 claimants, or either of them.

7. The parties hereto shall bear their own attorney fees and costs.

CONSENT

The parties hereto consent to the above judgment and waive any right of appeal.


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