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United States of America v. $948

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


September 17, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$948,518.50 SEIZED FROM CATHAY BANK ACCOUNT ***4778, DEFENDANT.
B&M SEAFOOD INC., DBA DAILY SEAFOOD, CLAIMANT.

The opinion of the court was delivered by: Hon. Dale S. Fischer United States District Judge

CONSENT JUDGMENT OF FORFEITURE

This action was filed on December 7, 2011. Notice was given and published in accordance with law. Claimant, B&M SEAFOOD INC., dba DAILY SEAFOOD ("Claimant" or "B&M"), the corporation from whose bank account defendant $948,518.50 in U.S. Currency ("Defendant Funds") was seized, filed a timely claim for return of the Defendant Funds. No other claims were filed, and the time in which to file claims has expired.

Plaintiff and Claimant have reached an agreement that is dispositive of the entire action, and have stipulated and requested that judgment be entered on the following terms.

Good cause appearing, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. This Court has jurisdiction over Plaintiff, the Defendant Funds, Claimant 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 Funds other than B&M are deemed to have admitted the allegations of the Complaint. The allegations set forth in the Complaint are sufficient to establish a basis for forfeiture. 3. The Department of the Treasury shall calculate the amount of interest (actual or constructive) earned on the Defendant Funds through the date of disbursement pursuant to this Consent Judgment. The United States of America shall have judgment as to $350,000.00 of Defendant Funds plus any interest earned thereon. No other person or entity shall have any right, title or interest in the funds awarded to the United States. The Department of Treasury is ordered to dispose of said assets in accordance with law.

, $598,518.50) plus any interest earned thereon shall be paid to B&M promptly after entry of this judgment. B&M and its counsel shall provide, in writing, the information 4. The remainder of the Defendant Funds ( i.e.

necessary for the government to make the payment called for herein by electronic funds or wire transfer in accordance with federal law. 5. The United States of America, its agencies, agents, and officers, including employees and agents of the Internal Revenue Service and local or state law enforcement officers cross‐designated as agents of the United States, are released 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 that may be asserted on behalf of 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 funds and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

Dated: 9‐17‐12

Presented by: ANDREƵ 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 By _______/s/_________________________________ John Kucera Assistant United States Attorney Attorneys for Plaintiff, UNITED STATES OF AMERICA

20120917

© 1992-2012 VersusLaw Inc.



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