ANDRÉ BIROTTE JR., United States Attorney, ROBERT E. DUGDALE, Assistant United States Attorney, Chief, Criminal Division, STEVEN R. WELK, (CBN 149883), Assistant United States Attorney, Chief, Asset Forfeiture Section, Los Angeles, California, Attorneys for Plaintiff, United States of America.
[PROPOSED] CONSENT JUDGMENT OF FORFEITURE
AUDREY B. COLLINS, District Judge.
This action was filed on December 21, 2012. Notice was given and published in accordance with law. Claimants Luis and Laura Viele Bernardino ("Claimants") filed timely statements of interest on January 31, 2013, and a timely joint answer on February 22, 2013. No other statements of interest or claims were filed, and the time for filing statements and answers has expired. Claimants deny any wrongdoing, and have denied the material allegations of the Complaint concerning the involvement of the defendant currency in illegal activity of any kind.
Plaintiff and Claimants 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, Claimants and the subject matter of this action.
2. Notice of this action has been given in accordance with law. All potential claimants other than Claimants 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 $11, 336.00 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 remainder of the defendant currency ( i.e., $10, 000.00), without interest, shall be paid to Claimants after entry of this judgment. Claimants or their counsel 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 into attorney Paul L. Gabbert's Client Trust account within forty-five (45) days of the later of the entry of this judgment or the government's receipt of the information required to make the transfer.
5. The United States of America, its agencies, agents, and officers, and any state or local law enforcement agencies, officers or agents involved in the events described in the complaint, 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.
6. 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 ...