June 28, 2013
UNITED STATES OF AMERICA, Plaintiff,
$25, 436.00 IN U.S. CURRENCY, Defendant. CARLOTA FELIX ZAZUETA AND RUBEN RIVERA, Claimants.
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, JENNIFER M. RESNIK, Assistant United States Attorney Asset Forfeiture Section, (Cal. State Bar # 233634) Los Angeles, California, Attorneys for Plaintiff UNITED STATES OF AMERICA.
CARLOTA FELIX ZAZUETA, RUBEN RIVERA, MICHAEL SEVERO, Attorney for Claimants Carlota Felix Zazueta and Ruben Rivera.
[Proposed] CONSENT JUDGMENT OF FORFEITURE
MARGARET M. MORROW, District Judge.
This action was filed on January 27, 2012. Notice was given and published in accordance with law. Claimants Carlota Felix Zazueta and Ruben Rivera ("Claimants") filed the only claims to defendant $25, 436.00 in U.S. currency. 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 21 U.S.C. § 881(a)(6).
C. Notice of this action has been given in accordance with law. All potential claimants to the defendant $25, 436.00 in U.S. currency 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. Claimant Carlota Felix Zazueta hereby withdraws her claim to the defendant currency.
E. The United States of America shall have judgment as to $12, 718.00 of the defendant currency, together with all interest earned by the government on that portion of the defendant currency since seizure, and no other person or entity shall have any right, title or interest therein.
F. $12, 718.00 of the defendant currency, together with all interest earned by the government on that amount since seizure, shall be paid to Claimant Ruben Rivera not later than forty-five (45) days from (1) the date of the entry of this judgment by electronic transfer directly into the account entitled "Michael Severo, Client Trust Account" or (2) receipt by the government from Claimants' counsel of the appropriate financial institution account needed for the transfer, whichever is later.
G. Claimants hereby release the United States of America, its agencies, agents, and officers, including employees and agents of the United States Drug Enforcement Administration, 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.
H. 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.