The opinion of the court was delivered by: The Honorable Gary A. Feess United States District Judge
ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section P. GREG PARHAM Assistant United States Attorney California Bar Number 140310 Asset Forfeiture Section 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-6528 Facsimile: (213) 894-7177 E-Mail: Greg.Parham@usdoj.gov Attorneys for Plaintiff United States of America
CONSENT JUDGMENT OF FORFEITURE
This action was filed on June 14, 2011 ("the complaint"). Notice was given and published in accordance with law. Claimant Thomas Zesati ("Zesati") and Maritssa Marquez ("Marquez")(Zesati and Marquez will be collectively referred to hereinafter as "claimants") filed a verified claim of interest on July 20, 2011 and an answer on June 4, 2012. Plaintiff United States of America ("the government") and the claimants, from whom the defendant $42,093.61 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 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.
2. The United States of America shall have judgment as to $32,093.61 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.
3. $10,000.00 of the defendant currency, without any interest, shall be paid to claimants 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 claimants' counsel, Paul L. Gabbert. Claimants' counsel agrees to provide appropriate financial institution account information within 10 days of execution of this consent judgment.
4. Claimants hereby release 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 claimants, 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 ...