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 California Bar No. 149883 Assistant United States Attorney Chief, Asset Forfeiture Section U.S. Courthouse, 14th Floor 312 North Spring Street Los Angeles, CA 90012 Telephone: (213)894-6166 Facsimile: (213)894-7177 E-Mail: Steven.Welk@usdoj.gov Attorneys for Plaintiff United States of America
CONSENT JUDGMENT AS TO CLAIMANTS BEHROUZ ZAMAN AND JINETTE M. ZAMAN ONLY
[This consent judgment is not case-dispositive, but resolves the claims of one claimant in its entirety]
The lead civil forfeiture action captioned above was commenced on September 16, 2008. Claimants Behrouz Zaman and Jinette M. Zaman ("Claimants") filed a claim and answer on October 23, 2008 and November 11, 2008, respectively. The time for filing claims and answer has expired. Claimant contests the forfeiture of the defendant $26,510.35 seized from Bank of America account number ******-9091, held in the names of Jinette M. Zaman and Behrouz Zaman, as described at paragraph 4(e) of the Complaint in this action; and $1,651.73 seized from California Bank & Trust account number ******6461, held in the name of Zaman Plaza, LLC, as alleged at paragraph 4(g) of the Complaint (the "Contested Funds"). The parties stipulate and agree that no other claimant has made a claim to these funds. The parties have agreed to settle the claims of Claimants and to avoid further litigation between them by requesting the entry of this consent judgment.
The Court, having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto,
ORDERS ADJUDGES AND DECREES:
1. This Court has jurisdiction over the subject matter of this action and over the parties to this Consent Judgment.
2. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. § 981(a) with respect to the Contested Funds.
3. Notice of this action has been given as required by law. No one other than Claimants has made a claim for the Contested Funds.
4. The sum of $11,510.35, without interest, and less any debts or other amounts owed by Claimants which the United States of America is required to offset pursuant to 31 U.S.C. § 3716 (through the Treasury Offset Program) shall be returned to Claimants through their counsel. For purposes of returning said funds, Claimants shall provide their social security or taxpayer identification numbers to the government upon request, as well as the wire transfer information needed to make the payment electronically. The remainder of the Contested Funds are hereby forfeited to the United States, and no other right, title or interest shall exist therein. The government shall dispose of the forfeited portion of the Contested Funds according to law.
5. Claimants hereby release the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers and employees of the Department of Homeland Security and the Department of Justice, as well as any and 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.
6. The Court finds that there was reasonable cause for seizure of the Contested Funds and the institution of these proceedings against said funds. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
7. Pursuant to the agreement of the parties, each of the parties to this Consent Judgment shall bear its own fees and ...