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United States v. Bank Funds Totaling $265

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

May 23, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BANK FUNDS TOTALING $265, 481.73 HELD IN WELLS FARGO AND CITIBANK ACCOUNTS, Defendant. ALMA ALVAREZ, Claimant.

          SANDRA R. BROWN Acting United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section

          CHRISTEN A. SPROULE Assistant United States Attorney, Attorneys for Plaintiff UNITED STATES OF AMERICA

          ANTHONY WILLOUGHBY Attorney for Claimant ALMA ALVAREZ

          CONSENT JUDGMENT

          THE HONORABLE DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE

         This action was filed on August 20, 2015 against $40, 008.20 seized from Wells Fargo Bank Checking Account #****4682 held in the name of Alma Alvarez; $40, 007.85 seized from Wells Fargo Bank Checking Account #****4674 held in the name of Alma Alvarez; $40, 005.16 seized from Wells Fargo Bank Checking Account #****0733 held in the name of Alma Alvarez; $15, 002.84 seized from Wells Fargo Bank Checking Account #****2659 held in the name of Alma Alvarez; $3, 473.87 seized from Wells Fargo Bank Checking Account #****0228 held in the name of Alma Alvarez; $427.17 seized from Wells Fargo Bank Checking Account #****8796 held in the name of Alma Alvarez; $20, 728.87 seized from Citibank Checking Account #****2793 held in the name of Ruben Alvarez; $39, 026.68 seized from Citibank Checking Account #****2353 held in the name of Ruben Alvarez; $16, 702.34 seized from Citibank Checking Account #****3634 held in the name of Alma Alvarez; and $50, 098.75 seized from Citibank Checking Account #****8469 held in the name of Ruben Alvarez (collectively, the “defendant bank funds”). Notice has been given and published in accordance with law. Claimant Alma Alvarez (“Alvarez”) filed a claim and an answer on September 30, 2015. Neither potential claimant Ruben Alvarez nor any other potential claimant has filed a claim or answer, and the time for filing claims and answers has expired. Plaintiff United States of America and Alvarez 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 Alvarez.

         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 bank funds other than Alvarez 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 following bank funds shall be returned to Alvarez without interest and shall be paid to Alvarez no later than sixty days after the date this Judgment is entered, or the date Alvarez provides the information described below, whichever is later:

a. $40, 008.20 in Wells Fargo Bank, Checking Account #****4682 held in the name of Alma Alvarez;
b. $40, 007.85 in Wells Fargo Bank, Checking Account #****4674 held in the name of Alma Alvarez;
c. $40, 005.16 in Wells Fargo Bank, Checking Account #****0733 held in the name of Alma Alvarez;
d. $15, 002.84 in Wells Fargo Bank, Checking Account #****2659 held in the ...

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