The opinion of the court was delivered by: The Honorable Gary Alan Feess United States District Judge
1. This action was filed on June 18, 2012.
2. Notice was given and published in accordance with law.
3. Claimants Syed Qaisar Madad and Meher Fatima Tabatabai ("Claimants") filed claims to the defendant Real Property Located in Diamond Bar, California with assessor parcel number 8713-028-004 (the "defendant property"). The legal description of the defendant property is attached as Exhibit "A." 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 Claimants 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 the defendant property other than Claimants 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 property, subject to the recorded interest of JPMorgan ChaseBank, N.A. (Instrument Numbers 20072134729 and 20071043160), 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 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: February_25, 2013 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/ JENNIFER M. RESNIK Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America DATED: February 22, 2013 /s/ MEHER F. TABATABAI DATED: February 25, 2013 /s/ ROBERT J. FELDHAKE, ESQ. Attorney for Claimant Meher Tabatabai DATED: February 22, 2013 ...