June 20, 2013
United States of America, Plaintiff,
$18, 800.00 IN U.S. CURRENCY, Defendant MICHAEL O. ODULATE, Claimant.
ANDRÉ 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, Los Angeles, California, Attorneys for Plaintiff, United States of America.
[PROPOSED] CONSENT JUDGMENT OF FORFEITURE
MARGARET M. MORROW, District Judge.
This action was filed on December 10, 2012. Notice was given and published in accordance with law. Claimant Michael O. Odulate ("Claimant") is the person from whom the defendant currency was seized. Claimant filed a timely statement of interest and answer. No other statements of interest or claims were filed, and the time for filing statements and answers has expired. Claimant denies any wrongdoing, and has denied the material allegations of the Complaint, except for jurisdiction.
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, Claimant and the subject matter of this action.
2. Notice of this action has been given in accordance with law. All potential claimants other than Claimant 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 United States of America shall have judgment as to $9, 400.00 of the defendant currency, plus all interest earned by the government since seizure on the entirety of the defendant currency. No other person or entity shall have any right, title or interest in the funds awarded to the United States. The government shall dispose of said assets in accordance with law.
4. The funds awarded to the United States are forfeited pursuant to the parties' stipulation, and the Court makes no finding regarding whether Claimant violated any law.
5. The remainder of the defendant currency ( i.e., $9, 400.00), without interest, shall be paid to Claimant after entry of this judgment. Claimant shall, upon request, provide to the government, in writing, the information necessary for the government to make the payment called for herein by electronic funds or wire transfer in accordance with federal law.
6. The United States of America, its agencies, agents, and officers, including task force officers associated with the DEA/LAX Task Force, are released from any and all claims, actions or liabilities arising out of or related to the seizure of the defendant currency or this action. Each of the parties shall bear its own costs of suit, including attorneys' fees.
7. 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.