The opinion of the court was delivered by: The Honorable James V. Selnaunited States District Judge
CONSENT JUDGMENT OF FORFEITURE
This action was filed on April 10, 2009 against the defendant one 2007 Chevrolet Avalanche, Vehicle Identification Number ("VIN") 3GNEC12JX7G111807 ("defendant vehicle") that was seized from claimant Nora E. Alvarez ("Alvarez"). Notice was given and published in accordance with law. Plaintiff United States of America and Alvarez have reached an agreement that is dispositive of the action. No other parties have appeared and the time for filing such claims and answers has expired. 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 2007 Chevrolet Avalanche, VIN 3GNEC12JX7G111807 other than Alvarez 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 the defendant 2007 Chevrolet Avalanche, VIN 3GNEC12JX7G111807, 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 asset in accordance with law.
4. Alvarez 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 vehicle 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 Alvarez, 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 vehicle and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
[Signatures appear on next page.]
Approved as to form and content:
DATED: August 24, 2012 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/ KATHARINE SCHONBACHLER Assistant United States Attorney Attorneys for Plaintiff United States of America DATED: August 20, 2012 LAW OFFICE OF KENNETH A. REED /s/ KENNETH A. REED Attorney for Claimant SALVADOR VERA
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