United States District Court, C.D. California, Western Division
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
HONORABLE PHILLIP S. GUITERREZ UNITED STATES DISTRICT JUDGE
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.
IT IS ORDERED, ADJUDGED AND DECREED:
Court has jurisdiction over this action pursuant to 28 U.S.C.
§§1345 and 1355 and over the parties hereto.
Complaint for Forfeiture states a claim for relief pursuant
to 18 U.S .C. §981(a)(1)(A)and(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.
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.
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.
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.
OF SERVICE BY MAILING
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.
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.