Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States of America v. $30

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


December 27, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$30,884.00 IN U.S. CURRENCY, DEFENDANT. JAMES MICHAEL HANDZUS AND TAMARA LOUISE VINCENT, CLAIMANTS.

The opinion of the court was delivered by: The Honorable Percy Anderson United States District Judge

ANDRE BIROTTE JR. JS-6 United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section KATHARINE SCHONBACHLER Assistant United States Attorney Asset Forfeiture Section California Bar No. 222875 Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-3172 Facsimile: (213) 894-7177 E-mail: Katie.Schonbachler@usdoj.gov Attorneys for Plaintiff United States of America

CONSENT JUDGMENT OF FORFEITURE

This action was filed on August 17, 2010 against defendant $30,884.00 in U.S. currency. Notice was given and published in accordance with law. James Michael Handzus ("Handzus") and Tamara Louise Vincent ("Vincent") claim an interest in the defendant $30,884.00 in U.S. currency (hereinafter "defendant currency"). No other parties have appeared in this case and the time for filing such statements of interest and answers has expired. Plaintiff United States of America, Handzus and Vincent 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:

1. This Court has jurisdiction over the parties and the subject matter of this action.

2. Notice of this action has been given in accordance with law. All potential claimants to the defendant $30,884.00 in U.S. currency other than Handzus and Vincent 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.

3. The United States of America shall have judgment as to $25,884.00 of the defendant currency, with all interest earned by the government on the full amount of the defendant currency and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said assets in accordance with law.

4. $2,500.00 of the defendant currency, without any interest earned by the government on the full amount of the defendant currency, shall be returned to Handzus by either check or wire transfer. If the United States elects to make the payment by check, the check will be payable to "James Michael Handzus and Law Offices of Shawn R. Perez Cramer Client Trust Account," and mailed to his attorney Shawn R. Perez, Esq. at the Law Offices of Shawn R. Perez, 633 South Fourth Street, Suite 7, Las Vegas, Nevada 89129. If the United States elects to make the payment by wire transfer, the funds will be wire transferred to the Law Offices of Shawn R. Perez Client Trust Account. Handzus and his attorney shall provide any and all information needed to process the return of these funds according to federal law.

5. $2,500.00 of the defendant currency, without any interest earned by the government on the full amount of the defendant currency, shall be returned to Vincent by either check or wire transfer. If the United States elects to make the payment by check, the check will be payable to "Tamara Louise Vincent and Law Offices of Shawn R. Perez Cramer Client Trust Account," and mailed to his attorney Shawn R. Perez, Esq. at the Law Offices of Shawn R. Perez, 633 South Fourth Street, Suite 7, Las Vegas, Nevada 89129. If the United States elects to make the payment by wire transfer, the funds will be wire transferred to the Law Offices of Shawn R. Perez Client Trust Account. Vincent and her attorney shall provide any and all information needed to process the return of these funds according to federal law.

6. Handzus and Vincent hereby release the United States of America, its agencies, agents, and officers, including employees, officers and agents of the Drug Enforcement Administration, as well as all agents, officers, employees and representatives of any state or local government 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 the seizure of the defendant currency or the prosecution of this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of Handzus and Vincent, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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.

Approved as to form and content:

20111227

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.