Opinion
NO. CV 11-2872 VBF (MANx)
08-03-2011
UNITED STATES OF AMERICA, Plaintiff, v. $25,270.00 IN U.S. CURRENCY, ONE 2008 LEXUS IS350, AND ONE 2006 LEXUS IS350, Defendants. JAMES E. OLIVER, JR. AND WENDY CLEMENS, Claimants.
ANDRÉ BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section KATHARINE SCHONBACHLER Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America KATHARINE SCHONBACHLER Assistant United States Attorney Attorneys for Plaintiff United States of America JANET SHERMAN Attorney for Claimant WENDY CLEMENS WENDY CLEMENS, CLAIMANT JAMES E. OLIVER, JR. PRO SE CLAIMANT
ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
KATHARINE SCHONBACHLER
Assistant United States Attorney
Asset Forfeiture Section
Attorneys for Plaintiff
United States of America
[PROPOSED] CONSENT JUDGMENT OF FORFEITURE
This action was filed on April 5, 2011. Notice was given and published in accordance with law. Claimants James E. Oliver, Jr. ("Oliver, Jr.") and Wendy Clemens ("Clemens") filed claims on May 13, 2011 and May 27, 2011, respectively. No answers or any other claims have been filed, and the time for filing claims and answers has expired. The parties have reached an agreement that is dispositive of this action and hereby request that the Court enter this Consent Judgment of Forfeiture. The parties' agreement to this Consent Judgment is dependent upon the filing and approval by the Court of the Consent Judgment in the related case pending in this Court entitled United States vs. Two Real Properties Located in Lancaster, California, Case No. CV 11-2873 VBF.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the parties and the subject matter of this action.
2. Notice of this action has been given in accordance with law. Claimants Oliver, Jr. and Clemens represent that they are unaware of any other persons or entities with a valid interest in the defendants $25,270.00 in U.S. Currency; One 2008 Lexus IS350, VIN: JTHBE262585021745; and One 2006 Lexus IS350, VIN: JTHBE262X65011323 (collectively, "defendants"). All potential claimants to the defendants other than claimants Clemens and Oliver, Jr. (collectively, "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. The claimants are relieved of their obligation to file answers in this litigation.
3. The United States of America shall have judgment as to the defendants $25,270.00 in U.S. Currency, with all interest earned by the government on the full amount of the defendant currency; One 2008 Lexus IS350, VIN: JTHBE262585021745; and One 2006 Lexus IS350, VIN: JTHBE262X65011323, and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said assets in accordance with law.
4. Except as to such rights and obligations created by this Consent Judgment, Claimants, and each of them, hereby release the United States of America, its agencies, agents, officers and attorneys, including employees and agents of the Federal Bureau of Investigation, and officers and employees of the Los Angeles Sheriff's Department, from any and all claims, actions or liabilities arising out of or related to the seizure of the defendants and the commencement of this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of claimants, or either of them, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5. The Court finds that there was reasonable cause for the seizure of the defendants and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
6. The Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this Judgment.
HONORABLE VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE
Approved as to form and content:
ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
KATHARINE SCHONBACHLER
Assistant United States Attorney
Attorneys for Plaintiff
United States of America
JANET SHERMAN
Attorney for Claimant
WENDY CLEMENS
WENDY CLEMENS, CLAIMANT
JAMES E. OLIVER, JR.
PRO SE CLAIMANT