UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
December 6, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
$32,150.98 IN U.S. CURRENCY DEFENDANT. REBECCA LARKIN, CLAIMANT.
The opinion of the court was delivered by: The Honorable John A. Kronstadt United States District Judge
1. This action was filed on July 2, 2012.
2. Notice was given and published in accordance with law.
3. Claimant Rebecca Larkin ("Claimant") filed the only claim to defendant $32,150.98 in U.S. currency. Attached to her verified claim, Rebecca Larkin submitted records related to lawful and independent sources totaling approximately $36,000. However, the government has subsequently provided Ms. Larkin and her counsel with bank records confirming that her $36,000 in funds had gradually been spent over time and that none of her money still remained in her bank account at the time the government seized the defendant $32,150.98 in U.S. currency. Ms. Larkin and her counsel are satisfied with the documents presented by the government and for that reason, Ms. Larkin abandons her claim to the defendant $32,150.98 in U.S. currency and consents to judgment in favor of the government.
4. No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired. 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:
A. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties hereto.
B. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C).
C. Notice of this action has been given in accordance with law. All potential claimants to defendant $32,150.98 in U.S. 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.
D. The United States of America shall have judgment as to all of the defendant currency, together with all interest earned thereon by the government, and no other person or entity shall have any right, title or interest therein.
E. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the United States Federal Bureau of Investigation and Internal Revenue Service, 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.
F. 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.
Approved as to form and content:
Dated: December___, 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 JENNIFER M. RESNIK Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America DATED: December___, 2012 ADAM BRAUN Attorney for Claimant REBECCA LARKIN
© 1992-2012 VersusLaw Inc.