The opinion of the court was delivered by: The Honorable VIRGINIA A. Phillips United States District Judge
CONSENT JUDGMENT OF FORFEITURE
This action was filed on July 16, 2010 ("the complaint"). Notice was given and published in accordance with law. Claimant Robert Zavala Carrillo ("Carrillo") filed a verified claim of interest on August 27, 2010 and an answer on October 5, 2010. Plaintiff United States of America ("the government") and Carrillo, from whom the defendant $46,502.00 in U.S. currency ("defendant currency") was seized and who filed a verified claim thereto, have reached an agreement that is dispositive of this action. The parties 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 the defendant currency other than Carrillo 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.
2. The United States of America shall have judgment as to $38,502.00 of the defendant currency, plus all interest earned by the government on that amount of the defendant currency, 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. $8,000.00 of the defendant currency, together with all interest earned by the government on that amount since seizure, shall be paid to CarrilLo not later than forty five (45) days from the date of the entry of this judgment by electronic transfer directly into a financial institution account designated by Carrillo's counsel, Paul L. Gabbert. Carrillo's counsel agrees to provide appropriate financial institution account information within 10 days of execution of this consent judgment.
4. Carrillo hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Administration, 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 the defendant currency 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.
[Signatures of the parties appear on the next page.]
Approved as to form and content:
Dated: April 18, 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/ P. Greg Parham P. GREG PARHAM Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America Dated: March 27, 2012 /s/ Paul L. Gabbert PAUL L. GABBERT Attorney for ...