The opinion of the court was delivered by: The Honorable Margaret M. Morrow 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 Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-6166 Facsimile: (213) 894-7177 E-mail: Steven.Welk@usdoj.gov Attorneys for Plaintiff United States of America
This action was filed on February 2, 2011. Notice was given and published in accordance with law. Philip Fu ("Claimant") filed a statement identifying right or interest and an answer on March 16, 2011. No other statements of interest or answers have been filed, and the time for filing statements and answers has expired. Plaintiff and 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 defendants other than Claimant Philip Fu 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 the defendant One 2005 Mercedes Benz ML 500 and the defendant $3,166.00 in U.S. Currency, and no other person or entity shall have any right, title or interest therein. U.S. Customs and Border Protection shall dispose of said assets in accordance with law.
4. The defendant $40,178.05 in Citibank funds, without interest, shall be returned to Claimant by electronic transfer pursuant to instructions to be provided to the government by Claimant's counsel within 10 days of the entry of this judgment. Claimant agrees that he will provide to the government all information necessary to ensure that the payment called for herein complies with the requirements of the Treasury Offset Program, including the provision of required banking information and personal identifiers.
5. Claimant has agreed to release the United States of America, its agencies, agents, and officers, including employees and agents of the Department of Homeland Security, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorneys' fees, costs or interest which may be asserted on behalf of the Claimant.
6. The Court finds that there was reasonable cause for the seizure of the defendant assets and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
[Signatures of counsel appear on following page]
Approved as to form and ...