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United States of America v. $62

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


December 20, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$62,309.00 IN U.S. CURRENCY, ET AL., DEFENDANTS. SEAN I. CARDILLO, ANDREW CETTEI, HERBABOLOGY, INC., PEOPLEPERSON'S, INC., AND DOC STAFFSOLUTIONS, INC., CLAIMANTS.

The opinion of the court was delivered by: The Honorable John F. Walter 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 JS-6 Facsimile: (213) 894-7177 cc: Fiscal E-Mail: Greg.Parham@usdoj.gov Attorneys for Plaintiff United States of America

CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANTS SEAN I. CARDILLO, HERBABOLOGY, INC., PEOPLEPERSON'S, INC., AND DOC STAFFSOLUTIONS, INC. ONLY [This consent judgment is case-dispositive and resolves all remaining claims]

This action was filed on November 1, 2011 and an amended complaint was filed on December 1, 2011 ("the amended complaint"). Notice was given and published in accordance with law. Claimants Sean I. Cardillo ("Cardillo"), Herbabology, Inc. ("Herbabology"), Peopleperson's, Inc. ("Peopleperson's") and DOC Staffsolutions, Inc. ("DOC") (collectively, "claimants") filed a verified claim of interest on January 19, 2012 and an answer on April 2, 2012. A claim and answer were also filed by Andrew Cettei, but on March 21, 2012, the court entered a consent judgment of forfeiture as to the assets claimed by Cettei. See Court docket no. 17. Plaintiff United States of America ("the government") and claimants, from whom some of the defendant assets (identified below ) were seized, and who filed verified claims thereto, have reached an agreement that is dispositive of the government's claims against the remaining defendant assets, and the parties hereby request that the Court enter this Consent Judgment of Forfeiture. The defendant assets seized from claimants and encompassed in this consent judgment are as follows:

A. $62,309.00 in U.S. currency (the "defendant currency");

B. One 2010 Chevrolet Camaro, VIN# 2G1FK1EJ8A9224614 (the "defendant Camaro");

C. One R. Taylor Style 2 acoustic guitar (the "defendant Taylor guitar");

D. One Ritter ("The Fireburl") bass guitar (the "defendant Fireburl guitar");

E. One Ritter ("The Purple Kush") bass guitar (the "defendant Purple Kush guitar");

F. Chase Bank Account Funds:

1. $196,730.04 seized from account number xxxxxx256;

2. $139,127.97 seized from account number xxxxxxx745;

3. $63,819.32 seized from account number xxxxxx534;

4. $34,980.94 seized from account number xxxxxx249;

5. $1,129.65 seized from account number xxxxxx264.

G. Comerica Bank Account Funds:

1. $35,323.51 seized from account number xxxxxxx608;

2. $53,502.80 seized from account number xxxxxxx782;

3. $100.00 seized from account number xxxxxxx002;

4. $100.00 seized from account number xxxxxxx996;

5. $800.00 seized from account number xxxxxxx010.

H. Wells Fargo Bank Account Funds:

1. $44,489.91 seized from account number xxxxxxx953;*fn1

2. $120,535.94 seized from account number xxxxxxx931;

3. $2,830.54 seized from account number xxxxxxx926;

4. $54,603.34 seized from account number xxxxxxx191. The assets set forth above shall be collectively referred to hereinafter as "claimants' assets."

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 claimants' assets other than claimants are deemed to have admitted the allegations of the amended complaint. The allegations set out in the amended complaint are sufficient to establish a basis for forfeiture.

2. The United States of America shall have judgment as to the following: the defendant currency; the defendant Camaro; all of the $139,127.97 in funds seized from Chase Bank account number xxxxxxx745; all of the $63,819.32 in funds seized from Chase Bank account number xxxxxx534; $31,710.98 of the $34,980.94 in funds seized from Chase Bank account number xxxxxx249; all of the $1,129.65 in funds seized from Chase Bank account number xxxxxx264; all of the $35,323.51 in funds seized from Comerica Bank account number xxxxxxx608; all of the $53,502.80 in funds seized from Comerica Bank account number xxxxxxx782; all of the $100.00 in funds seized from Comerica Bank account number xxxxxxx002; all of the $100.00 in funds seized from Comerica Bank account number xxxxxxx996; all of the $800.00 in funds seized from Comerica Bank account number xxxxxxx010; all of the $44,489.91 in funds seized from Wells Fargo Bank account number xxxxxxx953; all of the $120,535.94 in funds seized from Wells Fargo Bank account number xxxxxxx931; and all of the $2,830.54 in funds seized from Wells Fargo Bank account number xxxxxxx926. These defendants, together with all interest earned by the government on the full amount of such funds, are hereby forfeited to the United States, 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. All of the $196,730.04 in account funds seized from Chase Bank account number xxxxxx256, plus all interest earned by the government on these funds, and $3,269.96 of the defendant account funds seized from Chase Bank account number xxxxxx249, plus interest earned by the government on that amount, 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. The defendant Taylor guitar, the defendant Fireburl guitar and the defendant Purple Kush guitar shall be returned to claimants not later than forty-five (45) days from the date of the entry of this judgment through claimants' counsel, Paul L. Gabbert.

5. Cardillo, Herbabology, Peopleperson's and DOC hereby release the United States of America, its agencies, agents, and officers, including employees and agents of the Federal Bureau of Investigation, 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.

6. The court finds that there was reasonable cause for the seizure of claimants' assets and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

7. The Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this Consent Judgment.

Approved as to form and content:


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