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United States v. $646

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

September 19, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
$646,340.00 IN U.S. CURRENCY, Defendant. JAIME RIVERA, Claimant.

          NICOLA T. HANNA United States Attorney BRANDON D. FOX Assistant United states Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section

          VICTOR A. RODGERS Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA

          [PROPOSED] CONSENT JUDGMENT OF FORFEITURE

          R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE

         Pursuant to the stipulation and request of Plaintiff United States of America and claimant Jaime Rivera (“Claimant”), the Court hereby enters this Consent Judgment of Forfeiture containing the terms set forth below:

         On or about February 22, 2019, Plaintiff United States of America (“the United States of America”) filed a Complaint for Forfeiture alleging that the defendant $646,340.00 in U.S. Currency (the “defendant currency”) is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(C).

         Claimant filed a claim to the defendant currency on or about April 10, 2019 and an answer to the complaint on or about April 30, 2019.

         No other parties have appeared in this case and the time for filing claims and answers has expired.

         The government and Claimant have now agreed to settle this action and to avoid further litigation by entering into this Consent Judgment of Forfeiture.

         The Court, having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

         1. This Court has jurisdiction over the subject matter of this action and the parties to this Consent Judgment of Forfeiture.

         2. The Complaint for Forfeiture states a claim for relief pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(C).

         3. Notice of this action has been given as required by law. No appearances have been made in the litigation by any person other than Claimant. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true.

         4. The United States of America shall have judgment as to the interests of Claimant and all other potential claimants as to $621,340.00 of the defendant currency, together with any interest earned on the defendant currency by the United States of America since seizure, which funds are hereby condemned and forfeited to the United States of America. The United States of America shall dispose of those funds in accordance with law.

         5. The remaining $25,000.00 of the defendant currency, without interest, shall be returned to Claimant. The funds to be returned to Claimant shall be paid to Claimant by electronic transfer directly into the client trust account of the attorney of record for Claimant in this case. Claimant (through Claimant’s attorney of record) shall provide all information and complete all documents requested by the United States of America in order for the United States of America to complete the transfer including, without limitation, providing Claimant’s social security and taxpayer identification numbers (if any), and the identity of the bank, the ...


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