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United States of America v. $83

May 11, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$83,749.00 IN U.S. CURRENCY, $73,935.00 IN U.S. CURRENCY, $19,475.00 IN U.S. CURRENCY, $15,147.00 IN U.S. CURRENCY, $8,160.00 IN U.S. CURRENCY AND NINE (9) PIECES OF MISCELLANEOUS JEWELRY, DEFENDANTS. SERGIO ORTEGA, SR., SOCORRO ORTEGA, SERGIO ORTEGA, JR., YOLANDA ORTEGA, HECTOR ORTEGA, RENEE BETH EARLE AND OCTAVIO RAYA ORTEGA, CLAIMANTS.



The opinion of the court was delivered by: The Honorable Dale S. Fischer United 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 VICTOR A. RODGERS California Bar No. 101281 Assistant United States Attorney Asset Forfeiture Section Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-2569 JS 6 Facsimile: (213) 894-7177 E-mail: Victor.Rodgers@usdoj.gov Attorneys for Plaintiff UNITED STATES OF AMERICA

CONSENT JUDGMENT OF FORFEITURE BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND CLAIMANTS SERGIO ORTEGA, JR., SERGIO ORTEGA, SR. AND SOCORRO ORTEGA WITH RESPECT TO THE DEFENDANT ASSETS CLAIMED BY CLAIMANTS SERGIO ORTEGA, JR. SERGIO ORTEGA, SR. AND SOCORRO ORTEGA IN THIS CIVIL FORFEITURE PROCEEDING

On or about April 30, 2009, plaintiff United States of America ("the United States of America") filed a First Amended Complaint for Forfeiture alleging that the defendants are subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6). The defendants named in the First Amended Complaint are:

(1) $83,749.00 in U.S. Currency seized on or about November 13, 2007 from an Antioch, California residence;

(2) $73,935.00 in U.S. Currency seized on or about November 16, 2007 from a vehicle being driven near Main Street and Neroly Road in Oakley, California;

(3) $19,475.00 in U.S. Currency seized on or about December 1, 2008 at Broken Wheel Bar, 5620 Main Street, Oakley, California;

(4) $15,147.00 in U.S. Currency seized on or about April 2, 2008 from a vehicle being driven near Highway 24 and Pleasant Hill Road in Lafayette, California;

(5) $8,160.00 in U.S. Currency seized on or about December 1, 2008 from a Brentwood, California residence; and

(6) Nine (9) pieces of miscellaneous jewelry (the "defendant jewelry") seized on or about December 1, 2008 from a Brentwood, California residence.

Claimant Sergio Ortega, Jr. filed a claim to defendant $73,935.00 in U.S. Currency on or about June 3, 2009; claimants Sergio Ortega, Sr. and Socorro Ortega filed claims to defendant $19,475.00 in U.S. Currency on or about June 3, 2009; claimants Hector Raya Ortega and Yolanda Ortega filed claims to defendant $83,749.00 currency on or about June 11, 2009; claimant Renee Beth Earle filed a claim to $3,760.00 out of the defendant $8,160.00 in U.S. Currency and the defendant jewelry on or about June 24, 2009; and claimant Octavio Raya Ortega filed a claim to defendant $15,147.00 in U.S. Currency, $4,400.00 out of the defendant $8,160.00 in U.S. Currency and the defendant jewelry on or about July 6, 2009.

Claimants Sergio Ortega, Jr., Sergio Ortega, Sr. and Socorro Ortega answered the First Amended Complaint on or about June 11, 2009; and claimants Hector Raya Ortega and Yolanda Ortega answered the First Amended Complaint on or about July 27, 2009.

No other parties have appeared in this case and the time for filing claims and answers has expired. Other than claimant Sergio Ortega, Jr., no other parties have filed a claim to the defendant $73,935.00 in U.S. Currency. Other than claimants Sergio Ortega, Sr. and Socorro Ortega, no other parties have filed a claim to the defendant $19,475.00 in U.S. Currency.

The United States of America, on the one hand, and claimant Sergio Ortega, Jr., on the other hand, have now agreed to settle this action relative to the disputes between them with respect to the defendant $73,935.00 in U.S. Currency, and to avoid further litigation by entering into this Consent Judgment of Forfeiture. In addition, the United States of America, on the one hand, and claimants Sergio Ortega, Sr. and Socorro Ortega, on the other hand, have now agreed to settle this action relative to the disputes between them with respect to the defendant $19,475.00 in U.S. Currency, 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 ...


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