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United States of America v. $45

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


August 6, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
$45,460.00 IN U.S. CURRENCY, DEFENDANT.
GREGORY THORNTON, CLAIMANT.

The opinion of the court was delivered by: Dolly M. Gee United States District Judge

CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANT GREGORY THORNTON [21]

Plaintiff and Claimant Gregory Thornton ("Claimant") have made a stipulated request for the entry of this Consent Judgment, resolving this action in its entirety.

On or about November 21, 2011, plaintiff United States of America ("the United States of America") filed a Verified Complaint for Forfeiture alleging that the defendant $45,460.00 in U.S. currency (the "defendant currency") is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6).

Claimant Gregory Thornton ("claimant") filed a claim to the defendant currency on February 8, 2012 and an answer on February 27, 2012. No other parties have appeared in this case and the time for filing claims and answers has expired. No other person is believed to have any claim to the defendant currency.

The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND DECREES:

1. The government has given and published notice of this action as required by law, including Supplemental Rule G for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. No claims or answers have been filed to contest the forfeiture of the defendant currency by anyone other than Claimant, and the time for filing claims and answers has expired. This Court has jurisdiction over the parties to this judgment and the defendant currency described herein. Any potential claimants to the defendant currency other than Claimant are deemed to have admitted the allegations of the complaint for forfeiture.

2. $18,000.00 of the defendant currency, plus interest, shall be returned to claimant. The remainder of the defendant currency ($27,460.00) shall be condemned and forfeited to the United States of America. The United States Marshals Service is ordered to dispose of the defendant currency in accordance with the law.

3. The funds to be returned to claimant shall be paid to Claimant within forty-five (45) days of the entry of this Consent Judgment of Forfeiture by electronic transfer directly into a financial institution account designated by Claimant's counsel, Paul L. Gabbert. Claimant's counsel agrees to provide appropriate financial institution account information within 10 days of execution of this consent judgment.

4. Claimant agrees not to contest the forfeiture of $41,112.00 (more specifically $4,356.00 in U.S. currency (seizure number 2011-330700014701), $6,580.00 in U.S. currency (seizure number 2011-3307000148001), and $30,176 (seizure number 2011-330700014601)), seized from him on May 5, 2011 in Denver, Colorado.

5. Claimant has agreed to release the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Administration ("DEA") and the Department of Homeland Security ("DHS"), from any and all claims, actions or liabilities arising out of or related to the seizure and retention of the defendant currency and/or the commencement of this civil forfeiture action, including, without limitation, any claim for attorneys' fees, costs or interest which may be asserted on behalf of Claimant against the United States, 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 the institution of this action. This judgment constitutes a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

7. Each of the parties shall bear its own fees and costs in connection with the seizure, retention and return of the defendant currency.

Presented by:

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 /s/ FRANK D. KORTUM Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA

20120806

© 1992-2012 VersusLaw Inc.



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