UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
January 24, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
$1,346,986.44 IN PROCEEDS FROM WACHOVIA SECURITIES ACCOUNTS, DEFENDANT. EVERGREEN TRUST, CLAIMANT.
The opinion of the court was delivered by: The Honorable Andrew J. Guilford United States District Judge
ANDRE 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 FRANK D. KORTUM Assistant United States Attorney Asset Forfeiture Section California Bar No. 110984 United States Courthouse 312 North Spring Street, Suite 1400 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
On September 26, 2006, plaintiff United States of America ("the United States of America") filed a Verified Complaint for Forfeiture alleging that the defendant $1,346,986.44 in proceeds from Wachovia Securities accounts (the "defendant funds") is subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A) & (C).
On October 6, 2006, a First Amended Complaint was filed alleging the defendant funds are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A) & (C).
Claimant Evergreen Trust ("claimant") filed a claim on or about November 1, 2006. No Answer was filed by Evergreen Trust. No other parties have appeared in this case and the time for filing claims and answers has expired. Claimant is relieved of his obligation to file any additional claims or answers.
Pursuant to paragraph 15.h. of the plea agreement in United States v. Wilson, SACR 09-00097 DOC, defendant Blake Wilson agreed to execute a written consent judgment of forfeiture in this action. A copy of the plea agreement is attached hereto as Exhibit "A."
The United States and claimant have now agreed to settle this action and to avoid further litigation by entering into this 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 Partial 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. No appearances have been made in this case by any person other than claimant. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true.
4. Claimant shall forfeit the following: $1,205,515.71 in bank funds (CATS ID # 08-IRS-00395); $140,480.54 in bank funds (CATS ID # 06-IRS-000492); $980.48 in bank funds (CATS ID # 06-IRS-00496); and $9.80 in bank funds (CATS ID # 06-IRS-00496) to the United States of America. The custodian of the defendants is ordered to dispose of the funds forfeited to the United States plus all interest earned in accordance with law.
5. Claimant hereby releases the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers, employees and representatives of the Internal Revenue Setrvice 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 claimant.
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.
7. The Court further finds that claimant did not substantially prevail in this action, and each of the parties hereto shall bear their own attorney fees and costs.
8. The Court shall maintain jurisdiction in this case for the purpose of effectuating the terms of this Consent Judgment of Forfeiture.
The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of appeal.
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