ANDRÉ BIROTTE JR., United States Attorney JS-6, 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.
CONSENT JUDGMENT OF FORFEITURE
OTIS D. WRIGHT, District Judge.
1. This action was filed on October 22, 2010. An amended complaint was filed on November 1, 2010.
2. Notice was given and published in accordance with law.
3. Claimants Abraham Sutanto and Enderawati Salim ("Claimants") filed claims to the defendant Real Properties Located Within Kern, Los Angeles and San Bernardino Counties (the "defendant properties"). The legal description of the defendant properties 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) and 31 U.S.C. § 5317(c)(2).
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 a combined total of $1, 000, 000.00 in interest (the "forfeited interest") in the following three defendant properties, subject to the recorded interests of JPMorgan ChaseBank, N.A. (Instrument Number 06 2410608) with respect to Defendant Property 2, and Nara Bank (Instrument Number XXXXXXXXXXX) with respect to Defendant Property 3, and no other person or entity shall have any right, title or interest therein:
i. The real property located in Gardena, California with the following legal description: Lot 50 of Moneta tract, in the City of Gardena, county of Los Angeles, state of California, as per map recorded in book 6 page 162 of maps, in the office of the county recorder of said county. Except the west 10 feet and the easterly 10.00 feet of the westerly 20.00 feet thereof. API# XXXX-XXX-XXX ("Defendant Property 1");
ii. The real property located in Torrance, California with the following legal description: Lot 12 of Block 3 of Tract No. 3404, as per Map recorded in Book 41, Pages 8 and 9 of Maps, in the Office of the County Recorder of said County. API# XXXX-XXX-XXX ("Defendant Property 2"); and
iii. The real property located in Gardena, California with the following legal description: That portion of the east 127 acres of the southeast quarter of section 22, township 3 south, range 14 west, San Bernardino meridian, in the county of Los Angeles, state of California, according to the official plat said land filed in the district land office, April 12, 1868, described as follows: Beginning at a point 20 feet west of the southeast corner of said section 22; thence northerly parallel with the east line of said section, a distance of 200 feet the true point of beginning; thence westerly parallel with the southerly line of said section, a distance of 280 feet; thence northerly parallel with said east line a distance of 50 feet; thence easterly parallel with said southerly line a distance of 280 feet; thence southerly parallel with said easterly line, a distance of 50 feet to the true point of beginning. Except therefrom the easterly 30 feet thereof. API# XXXX-XXX-XXX ("Defendant Property 3").
Defendant Properties 1, 2 and 3 are forfeited and condemned to the United States of America to the extent of the interest specified in this paragraph.
E. All right, title, and interest of Claimants, and all other potential claimants, in the forfeited interest in the Defendant Properties 1, 2 and 3 is hereby condemned and forfeited to the United States of America. The United States Marshals Service shall dispose of the forfeited interest in the Defendant Properties 1, 2 and 3 in accordance with law.
F. Claimants may satisfy the judgment entered herein by delivering $1, 000, 000.00 to the United States of America by no later than the close of business on the 180th calendar day after entry of this Judgment by the Court (the "Liquidation Payment"). The government will release the lis pendens on Defendant Properties 1, 2, and 3 upon full satisfaction of the Liquidation Payment.
i. The Liquidation Payment shall be paid in the form of a cashier's check payable to "United States Marshals Service, " and shall be delivered to the Chief, Asset Forfeiture Section, United States Attorney's Office, 312 N. Spring Street, 14th Floor, Los Angeles, California 90012.
ii. Claimants may use Defendant Properties 1, 2 or 3 as security for a new loan to finance the Liquidation Payment, subject to the approval of counsel for the United States of America. Until the Liquidation Payment is made in full, all escrow instructions and settlement statements relating to any proposed loan transaction involving Defendant Properties 1, 2 or 3 shall also be subject to the approval of counsel for the United States of America.
iii. Not later than three (3) days prior to the anticipated close of an escrow on Defendant Properties 1, 2 or 3 that (1) has been previously approved by counsel for the United States of America, and (2) will result in full or partial payment to the United States of America equivalent to at least one third of the Liquidation Payment, the United States shall deliver to the escrow agent a conditional withdrawal of its lis pendens recorded against the defendant property. This conditional withdrawal may be recorded only if full or partial payment equivalent to at least one third of the Liquidation Payment is received and paid to the United States of America in accordance with this paragraph F;
iv. Until the full Liquidation Payment is paid (or, if paragraph G is triggered, until Defendant Properties 1, 2 and/or 3 are sold), Claimants will not take any action to affect the marketability of Defendant Properties 1, 2 or 3, and will maintain them in substantially the same condition as they were on the date this agreement is executed by Claimants. Claimants shall maintain appropriate policies of insurance on Defendant Properties 1, 2 and 3 until the full Liquidation Payment is made (or, if paragraph G is triggered, the property is sold), including policies covering potential liability for personal injury or property damage occurring on or around the Defendant Properties. Claimants shall pay all property taxes when due, and shall not commit waste of Defendant Properties 1, 2 or 3 or permit the properties to be used or occupied in any manner which would diminish the value of the property or invalidate any insurance policy on the property.
G. If the judgment is not timely satisfied in accordance with paragraph F, Defendant Properties 1, 2 and/or 3 shall be sold for fair market value by the United States and its agents, including the United States Marshals Service and its authorized agents and contractors, to allow the United States to liquidate the interest forfeited to it pursuant to this judgment. The United States of America has the full power to sell and transfer valid title to Defendant Properties 1, 2 and 3 in their entirety in connection with such sale, without the need to obtain the participation, signature(s), or consent(s) of Claimants to any aspect of the sale and/or title transfer. The Defendant Properties shall be sold in the order listed above (i.e., first Defendant Property 1) to satisfy the judgment in full. If the proceeds from the sale of Defendant Property 1 satisfies the judgment in full, the United States of America will release the lis pendens on the remaining two properties. If the sale of Defendant Property 1 does not satisfy the judgment in full, Defendant Property 2 shall be sold by the United States of America in accordance with this paragraph. If the proceeds from the combined sale of Defendant Properties 1 and 2 satisfies the judgment in full, the United States of America will release the lis pendens on Defendant Property 3. Otherwise, Defendant Property 3 shall be sold in accordance with this paragraph. The proceeds of the sale of any of the Defendant Properties shall be distributed as follows:
i. First, payment of all outstanding real property taxes to the Los Angeles County Tax Collector to the date of entry of this Judgment;
ii. Second, payment of all costs of escrow and sale, including real estate sales commissions and applicable fees triggered by the sale of the Defendant Property;
iii. Third, to the extent funds remain, payment to any secured lienholders, whose security interests were recorded prior to recording of the United ...