The opinion of the court was delivered by: The Honorable Margaret M. Morrow United States District Judge
[proposed] CONSENT JUDGMENT OF FORFEITURE
This action was filed on April 14, 2011. The government represents that notice was given and published in accordance with law. Claimant Michael Galicia ("Claimant") filed the only claim to defendants $171,425.00 in U.S. currency and $4,883.28 in U.S. currency (collectively the "defendant funds") which were seized on or about May 11, 2010, pursuant to federal seizure warrants from Bank of America account numbers xxxxx-x4527 and xxxxx-x4929, respectively, in the name of Michael Galicia. 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 the defendant funds 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 $126,308.28 of the defendant funds, together with all interest earned by the government on $126,308.28 of the defendant funds since seizure, and no other person or entity shall have any right, title or interest therein.
E. $50,000.00 of the defendant funds, together with all interest earned by the government on that amount since seizure, shall be paid to Claimant not later than sixty (60) days from the date of entry of this judgment to by electronic transfer directly into the account entitled "Egerman & Brown, LLP, Client Trust Account." Claimant's counsel agrees to provide appropriate financial institution account information within 10 days of execution of this consent judgment. Said payment shall be subject to applicable federal law.
F. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the United States Secret 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.
Nothing in this proposed consent judgment is intended as, nor should anything in this proposed consent judgment be interpreted as an admission by claimant of any liability or wrongdoing.
G. 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.
Approved as to form and content: Dated: March 14, 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: March 14, 2013 EGERMAN & BROWN, LLP /s/ LEE EGERMAN Attorney for Claimant Michael Galicia
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