Opinion
CV 11-04535-RSWL (JEMx)
09-14-2011
UNITED STATES OF AMERICA, Plaintiff, v. $16,000.00 in U.S. CURRENCY Defendant. ARTURO ORTIZ, 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 JENNIFER M. RESNIK Assistant United States Attorney Asset Forfeiture Section (Cal. State Bar # 233634) Attorneys for Plaintiff UNITED STATES OF AMERICA
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
JENNIFER M. RESNIK
Assistant United States Attorney
Asset Forfeiture Section
(Cal. State Bar # 233634)
Attorneys for Plaintiff
UNITED STATES OF AMERICA
CONSENT JUDGMENT OF FORFEITURE
This action was filed on May 26, 2011. Notice was given and published in accordance with law. Claimant Arturo Ortiz ("claimant") filed the only claim to defendant $16,000.00 in U.S. currency. No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired. Plaintiff and claimant have reached an agreement that is dispositive of the action. The parties hereby request that the Court enter this Consent Judgment of Forfeiture.
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 defendant $16,000.00 in U.S. currency other than claimant 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 United States of America shall have judgment as to $12,000.00 of the defendant currency, together with all interest earned by the government on $12,000.00 of the defendant currency, and no other person or entity shall have any right, title or interest therein.
E. $4,000.00 of the defendant currency, together with all interest earned by the government on that amount since seizure, shall be paid to claimant not later than forty-five (45) days from the date of entry of this judgment to claimant by electronic transfer. Claimant's counsel agrees to provide appropriate financial institution account information within 10 days of execution of this consent judgment. Said payment shall be subject to applicable federal law.
F. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the United States Drug Enforcement Administration, 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 behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise.
G. The court finds that there was reasonable cause for the seizure of the defendant currency and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
THE HONORABLE RONALD S.W. LEW
SENIOR, U.S. DISTRICT COURT JUDGE