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United States v. $85

United States District Court, C.D. California, Western Division

June 27, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
$85, 271.64 IN BANK FUNDS SEIZED FROM TWO BANK OF AMERICA ACCOUNTS, Defendant, CHAO CHEN Claimant.

          EILEEN M. DECKER United States Attorney LAWRENCE S. MTDDLETON Assistant United States Attorney Chief Criminal Division STEVEN R, WELK Assistant United States Attorney Chief Asset Forfeiture Section: CHRISTEN A. SPROULE (Cal. Bar Pending) Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff UNITED STATES OF AMERICA

          CONSENT JUDGMENT

          THE HONORABLE PHILLIP S. GUITERREZ UNITED STATES DISTRICT JUDGE

         This action was filed on October 22, 2015 against the defendant $85, 271.64 in Bank Funds Seized from Two Bank of America Accounts, ("defendant funds")- Chao Chen ("Chen"), from whom the defendant funds were seized, filed a claim and answer on December 29, 2015. No person other than Chen is believed to have an interest therein. Notice has been given and published in accordance with the law. No other claims or answers have been filed, and the time for filing claims and answers has expired. Plaintiff United States of America and Chen have reached an agreement that is dispositive of the action, and have requested that this consent judgment be entered. Nothing in this consent judgment is intended or should be interpreted as an admission of wrongdoing by Chen.

         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 fluids other than Chen 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 defendant $85, 271.64 in bank founds, plus all interest earned on the entirety of the defendant founds since seizure, shall be and hereby is forfeited to the United States of America, which shall dispose of the defendant $85, 271.64 in bank founds and interest in the manner required by law.

         E. Chen has released the United States of America, its agencies, agents, and officers, including employees and agents of United States Homeland Security ("DHS"), Homeland Security Investigations CHSI"), United States Customs and Border Protection ("CBP"), and the Internal Revenue Service ('IRS"), 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 his behalf, whether pursuant to 28 U.S.C. § 2465 or otherwise. Chen waives any rights he may have to seek remission of the forfeiture ordered herein.

         F. The Court finds that there was reasonable cause for the institution of these proceedings. This Judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

         PROOF OF SERVICE BY MAILING

         I am over the age of 18 and not a party to the within action. I am employed by the Office of the United States Attorney, Central District of California. My business address is 312 North Spring Street, 14th Floor, Los Angeles, CA 90012.

         On June 21, 2016, I served a copy of: [PROPOSED] CONSENT JUDGMENT upon each person or entity named below by enclosing a copy in an envelope addressed as shown below and placing the envelope for collection and mailing on the date and at the place shown below following our ordinary office practices.

         TO: ...


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