The opinion of the court was delivered by: The Honorable Gary A. Feessunited States District Judge
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 KATHARINE SCHONBACHLER Assistant United States Attorney Asset Forfeiture Section California Bar No. 222875 Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-3172 Facsimile: (213) 894-7177 E-mail: Katie.Schonbachler@usdoj.gov Attorneys for Plaintiff United States of America
CONSENT JUDGMENT OF FORFEITURE
This action was filed on July 22, 2011 against defendant $30,191.00 in U.S. currency. Notice was given and published in accordance with law. Guillermo Rafael Cesse ("Cesse") claims an interest in the defendant $30,191.00 in U.S. currency (hereinafter "defendant currency"), and has filed a claim and answer. No other parties have appeared and the time for filing such claims and answers has expired. Plaintiff United States of America and Cesse 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 defendant $30,191.00 in U.S. currency other than Cesse 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. $30,191.00, without interest, shall be returned to Cesse by either check or wire transfer. If the United States elects to make the payment by check, the check will be payable to "Guillermo Rafael Cesse," and mailed to him at his address in Kearny, New Jersey 07032. If the United States elects to make the payment by wire transfer, the funds will be wire transferred to Guillermo Rafael Cesse. Cesse shall provide any and all information needed to process the return of these funds according to federal law.
4. Cesse hereby releases the United States of America, its agencies, agents, and officers, including employees, officers and agents of the Federal Bureau of Investigation, as well as all agents, officers, employees and representatives of any state or local government 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 the seizure of the defendant currency or the prosecution of this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of Cesse, 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.
Approved as to form and content:
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