The opinion of the court was delivered by: The Honorable John F. Walter United States District Judge
CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANT ANDREW CETTEI ONLY [This consent judgment is not case-dispositive but does resolve the claim of one claimant]
This action was filed on November 1, 2011 and an amended complaint was filed on December 1, 2011 ("the amended complaint"). Notice was given and published in accordance with law. Claimant Andrew Cettei ("Cettei") filed a verified claim of interest on January 9, 2012. No answers have yet been filed in this matter. Plaintiff United States of America ("the government") and Cettei, from whom the defendant bank account funds in the amount of $10,615.87 (seized from Bank of America account number ending in 744, held in Cettei's name) and the defendant bank account funds in the amount of $54,603.34 (seized from Wells Fargo Bank account number ending in 191, held in Cettei's name)("Cettei's account funds") were seized and who filed a verified claim thereto, have reached an agreement that is dispositive of the government's claims against Cettei's interest in this action, and hereby request that the Court enter this Consent Judgment of Forfeiture.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
This Court has jurisdiction over the parties and the subject matter of this action.
1. Notice of this action has been given in accordance with law. All potential claimants to Cettei's account funds other than Cettei are deemed to have admitted the allegations of the amended complaint. The allegations set out in the amended complaint are sufficient to establish a basis for forfeiture.
2. The United States of America shall have judgment as to all of the $10,615.87 in account funds seized from Bank of America account number ending in 744, held in Cettei's name, and $41,559.34 of the account funds seized from Wells Fargo Bank account number ending in 191, held in Cettei's name, plus all interest earned by the government on the full amount of Cettei's account funds, 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.
3. $13,044.00 of the defendant account funds seized from Wells Fargo Bank account number ending in 191, held in Cettei's name, without any interest earned by the government on that amount, shall be paid to Cettei not later than sixty (60) days from the date of the entry of this judgment by electronic transfer directly into a financial institution account designated by Cettei's counsel, Nicholas Rosenberg. Cettei's counsel agrees to provide appropriate financial institution account information within 10 days of execution of this consent judgment.
4. Cettei hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Federal Bureau of Investigation, 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 behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5. The court finds that there was reasonable cause for the seizure of Cettei's account funds and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
6. The Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this Consent Judgment.
Approved as to form and content: Dated: March 20, 2012 ANDRÉ 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/ P. Greg Parham P. GREG PARHAM Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America Dated: March 19, 2012 /s/ Nicholas Rosenberg NICHOLAS ROSENBERG Attorney for Claimant ANDREW CETTEI
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