The opinion of the court was delivered by: The Honorable Andrew J. Guilfordunited States District Judge
ANDRE BIROTTE JR. United States Attorney CHRISTINE C. EWELL 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 1400 United States Courthouse 312 North Spring Street 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
This action was filed on April 11, 2011. Notice was given and published in accordance with law. No claims or answers have been filed, and the time for filing such claims and answers has expired. Plaintiff and potential claimant 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 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 defendant Six Descaling Valves, Six Solenoid Valves, and Twenty Flow Control Valves are forfeited to the United States of America, and no other person or entity shall have any right, title or interest therein. The United States Customs and Border Protection is ordered to dispose of said asset in accordance with law.
4. Potential claimant Maple Pacific Corporation hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Homeland Security, U.S. Customs and Border Protections, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on its behalf.
5. Plaintiff, United States of America, agrees that it will not seek to recover civil sanctions (except to the extent that the forfeiture of the defendants can be considered a civil sanction), attorney's fees or costs in connection with this action or the underlying seizure.
6. The Court finds that there was reasonable cause for the seizure of the defendants and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of appeal.
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