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United States of America v. $15

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


June 27, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
$15,000.00 IN U.S. CURRENCY,
DEFENDANT. RICHARD BAKER,
CLAIMANT.

The opinion of the court was delivered by: The Honorable Dean D. Pregerson United States District Judge

[PROPOSED]

CONSENT JUDGMENT OF FORFEITURE

This action was filed on May 25, 2011. Notice was given and published in accordance with law. Claimant Richard Baker ("claimant") filed a verified claim on July 7, 2011 and an answer on August 3, 2011. Plaintiff and claimant 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 currency other than claimant 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 United States of America shall have judgment as to $10,000.00 of the defendant currency, plus all interest earned by the government on the full 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.

4. $5,000.00 of the defendant currency, without any interest, shall be paid to claimant by electronic transfer directly into a financial institution account designated by claimant's counsel within six weeks of the government's receipt of the information needed to process the payment. Claimant's counsel agrees to provide appropriate financial institution account information within 10 days of execution of this consent judgment.

5. Claimant 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.

6. 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.

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

20120627

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