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United States of America v. $163

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION


March 20, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$163,374.50 IN BANK ACCOUNT FUNDS, DEFENDANT. KENNETH WAYNE FERGUSON, CLAIMANT.

The opinion of the court was delivered by: Hon. Alicemarie H. Stotler United States District Judge

CONSENT JUDGMENT OF FORFEITURE

On February 7, 2008, plaintiff United States of America ("United States of America") filed a Complaint for Forfeiture alleging that the defendant $163,374.50 in Bank Account Funds (the "defendant bank funds") are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A).

Claimant Kenneth Wayne Ferguson ("claimant") filed a seized asset claim with the Department of Treasury on November 3, 2007 claiming the defendant bank funds, but he did not file a judicial claim or an answer to the United States' Complaint for Forfeiture. No other parties have appeared in this case and the time for filing claims and answers has expired.

On September 23, 2010 the United States filed Plaintiff's Statement Noting Fact of Death of Kenneth Wayne Ferguson.

The United States of America and claimant's estate have now agreed to settle this action and to avoid further litigation by entering into this Consent 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 Consent Judgment of Forfeiture.

2. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. § 981(a)(1)(A).

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. $49,012.35 of the defendant bank funds, with no interest, shall be returned to Nathan Law Office Client Trust Account via electronic wire transfer. The remainder of the defendant bank funds (i.e., $114,362.15), plus the interest earned by the United States of America on the entire sum since seizure, shall be condemned and forfeited to the United States of America. The custodian of the defendant bank funds is ordered to dispose of the funds forfeited to the United States of America in accordance with law.

5. The funds to be returned pursuant to paragraph 4 shall be paid to the Nathan Law Office Client Trust Account within sixty (60) days of the entry of this Consent Judgment of Forfeiture.

6. Claimant's estate 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 Service 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.

7. The Court finds that there was reasonable cause for the seizure of the defendant bank funds and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

8. The Court further finds that claimant or claimant's estate did not substantially prevail in this action, and the parties hereto shall bear their own attorney fees and costs.

9. The Court shall maintain jurisdiction in this case for the purpose of effectuating the terms of this Consent Judgment of Forfeiture.

CONSENT The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of appeal.

DATED: March 20, 2012. 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 /s/ FRANK D. KORTUM Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA DATED: March 20, 2012. /s/ GEOFFREY G. NATHAN, ESQ. Attorney for the Estate of Kenneth Wayne Ferguson

20120320

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