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United States of America v. $83

November 17, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$83,749.00 IN U.S. CURRENCY, $73,935.00 IN U.S. CURRENCY, $19,475.00 IN U.S. CURRENCY, $15,147.00 IN U.S. CURRENCY, $8,160.00 IN U.S. CURRENCY AND NINE (9) PIECES OF MISCELLANEOUS JEWELRY, DEFENDANTS. SERGIO ORTEGA, SR., SOCORRO ORTEGA, SERGIO ORTEGA, JR.,
YOLANDA ORTEGA, HECTOR ORTEGA, RENEE BETH EARLE AND OCTAVIO RAYA ORTEGA, CLAIMANTS.



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

ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK JS 6 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 BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND CLAIMANTS RENEE BETH EARLE AND OCTAVIO RAYA ORTEGA WITH RESPECT TO THE DEFENDANT ASSETS CLAIMED BY CLAIMANTS RENEE BETH EARLE AND OCTAVIO RAYA ORTEGA IN THIS CIVIL FORFEITURE PROCEEDING [This Proposed Consent Judgment Is Not Dispositive Of This Entire Action]

On or about April 30, 2009, plaintiff United States of America ("the United States of America") filed a First Amended Complaint for Forfeiture alleging that the defendants are subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6). The defendants named in the First Amended Complaint are:

(1) $83,749.00 in U.S. Currency seized on or about November 13, 2007 from an Antioch, California residence;

(2) $73,935.00 in U.S. Currency seized on or about November 16, 2007 from a vehicle being driven near Main Street and Neroly Road in Oakley, California;

(3) $19,475.00 in U.S. Currency seized on or about December 1, 2008 at Broken Wheel Bar, 5620 Main Street, Oakley, California);

(4) $15,147.00 in U.S. Currency seized on or about April 2, 2008 from a vehicle being driven near Highway 24 and Pleasant Hill Road in Lafayette, California;

(5) $8,160.00 in U.S. Currency seized on or about December 1, 2008 from a Brentwood, California residence; and

(6) Nine (9) pieces of miscellaneous jewelry (the "Renee Beth Earle/Octavio Raya Ortega claimed defendant jewelry") seized on or about December 1, 2008 from a Brentwood, California residence.

Claimant Sergio Ortega, Jr. filed a claim to defendant $73,935.00 in U.S. Currency on or about June 3, 2009; claimants Sergio Ortega, Sr. and Socorro Ortega filed claims to defendant $19,475.00 in U.S. Currency on or about June 3, 2009; and claimants Hector Raya Ortega and Yolanda Ortega filed claims to defendant $83,749.00 in U.S. Currency on or about June 11, 2009.

Claimants Sergio Ortega, Jr., Sergio Ortega, Sr. and Socorro Ortega answered the First Amended Complaint on or about June 11, 2009; and claimants Hector Raya Ortega and Yolanda Ortega answered the First Amended Complaint on or about July 27, 2009.

Claimant Renee Beth Earle filed a claim to $3,760.00 out of the defendant $8,160.00 in U.S. Currency and the defendant Renee Beth Earle/Octavio Raya Ortega claimed defendant jewelry on or about June 24, 2009. Claimant Octavio Raya Ortega filed a claim to defendant $15,147.00 in U.S. Currency, $4,400.00 out of the defendant $8,160.00 in U.S. Currency and the Renee Beth Earle/Octavio Raya Ortega claimed defendant jewelry on or about July 6, 2009. The $3,760.00 and the defendant Renee Beth Earle/Octavio Raya Ortega claimed defendant jewelry claimed by claimant Renee Beth Earle, and the $15,147.00, $4,400.00 and Renee Beth Earle/Octavio Raya Ortega claimed defendant jewelry claimed by claimant Octavio Raya Ortega are referred to collectively as the "Renee Beth Earle/Octavio Raya Ortega claimed defendants." In addition, the defendants $15,147.00 in U.S. Currency and $8,160.00 in U.S. Currency are referred to collectively as the "Renee Beth Earle/Octavio Raya Ortega claimed defendant currency."

No other parties have appeared in this case and the time for filing claims and answers has expired. Other than claimants Renee Beth Earle and Octavio Raya Ortega, no other parties have filed a claim to the Renee Beth Earle/Octavio Raya Ortega claimed defendants.

The United States of America, on the one hand, and claimants Renee Beth Earle and Octavio Raya Ortega, on the other hand, have now agreed to settle this action relative to the disputes between them with respect to the Renee Beth Earle/Octavio Raya Ortega claimed defendants, and to ...


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