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United States of America v. 3

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


May 3, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
3,481 FIREARMS AND ASSORTED AMMUNITION, DEFENDANTS. MICHAEL ANTHONY VIRGILIO; ELIZABETH ANN VIRGILIO; RABENSAR, INC; CLAIMANTS.

The opinion of the court was delivered by: The Honorable Stephen V. Wilson United States District Judge

CONSENT JUDGMENT OF FORFEITURE

This action was initiated on May 21, 2007. (DN 1). Timely claims and a joint answer were filed by claimants Michael Anthony Virgilio,*fn1 Elizabeth Ann Virgilio and Rabensar, Inc. (collectively, "Claimants") (DN 4-6, 14). A First Amended Complaint ("FAC") was filed on February 7, 2011. (DN 51). Notice was given and published in accordance with law. There are no unresolved claims outstanding other than those of Claimants. No other claims or answers were filed, and the time for filing claims and answers has expired. Plaintiff and Claimants, the only remaining parties, have reached an agreement that is dispositive of the action. The parties have requested 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 except Claimants 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 defendant firearms listed below, representing the personal firearms of claimants Michael Anthony and Elizabeth Ann Virgilio, shall not be forfeited to the United States, but shall be released to a designated Federal Firearms Licensee ("FFL"), who shall take custody of the listed defendants from the government and proceed to sell them.*fn2 The listed firearms shall not be returned to any of the Claimants, directly or indirectly, and Claimants shall not purchase or otherwise acquire any of the listed firearms, either from the designated FFL or any other person or entity.*fn3 115-33, 135-55, 871, 873, 897, 980, 987-88, 992-93, 995, 1000, 1152, 1164-65, 1167, 1173, 1205, 1211, 1331, 1348-49, 1354, 1408, 1412-13, 1418-20, 1427-28, 1430, 1535, 1757, 1766, 1768, 1770, 1772-73, 1775, 1777, 1785-86, 1791, 1793, 1796, 1803-05, 1807, 1811, 1839-41, 1843, 1845, 1860-65, 1869, 1882, 1884, 1886, 2194-96, 2198-99, 2201, 2203, 2205, 2207-08, 2210, 2212-15, 2217, 2226-27, 2229, 2235-37, 2240, 2242-44, 2289-91, 2295-97, 2302, 2405, 2423, 2494, 2500, 2504, 2666-67, 2672-73, 2733, 2742, 2757, 2887, 2899, 2902, 2906, 2978-79, 2988, 2994, 3097, 3104, and 3109-10.*fn4 Proceeds from the sale of the above firearms shall be paid to Cruz Saavedra and Elizabeth Ann Virgilio, Co-Trustees of the Michael and Elizabeth Virgilio Family Trust. All such sales shall be conducted in accordance with all applicable laws.

4. The remainder of the defendant firearms and the entirety of the defendant ammunition, representing the entire inventory of Rabensar, Inc. (doing business as Boulevard Sales and Service in Compton and Oak View, California), shall be forfeited to the United States of America, and no other right, title or interest shall exist therein. The Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") is ordered to dispose of the forfeited firearms and ammunition in accordance with law.

5. Claimants have released the United States of America, its agencies, agents, and officers, including employees and agents of the ATF, 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 Claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise. Each party waives any right to appeal.

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 retains jurisdiction over this case and the parties hereto to effectuate the terms of this Consent Judgment.

Approved as to form and content:

DATED: May 1, 2012 ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division /s/ STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section Attorneys for Plaintiff United States of America DATED: May 1, 2012 /s/ CRUZ SAAVEDRA BRUCE COLODNY Attorneys for Claimants


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