Opinion
NO. CV 08-06066-DSF(CWx) NO. CV 10-6727-DSF(CWx)
12-20-2011
UNITED STATES OF AMERICA, Plaintiff, v. $61,098.00 IN MONEY ORDERS; $12,850 IN TRAVELERS CHECKS; $17,741.00 IN U.S. CURRENCY; $208,220.00 IN U.S. CURRENCY; $1,031,900.00 IN U.S. CURRENCY; and $404,600.01 IN BANK FUNDS, Defendants. BEHZAD ZAMAN, NEDA ZAMAN, BEHROUZ ZAMAN, JINETTE M. ZAMAN, SAMAN ZAMAN NADIA ZAMAN, and IRMA TORRES, 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 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
Attorneys for Plaintiff
United States of America
CONSENT JUDGMENT AS TO CLAIMANT IRMA TORRES ONLY
[This consent judgment is not case-dispositive, but resolves the claims of one claimant in its entirety]
The lead civil forfeiture action captioned above was commenced on September 16, 2008. Claimant Irma Torres ("Claimant") filed a claim and answer on October 23, 2008 and November 11, 2008, respectively. The time for filing claims and answer has expired. Claimant contests the forfeiture of $9,140.00 in U.S. Currency seized from the Zaman residence, as alleged at paragraph 4(b) of the Complaint in this action. The parties stipulate and agree that no other claimant has made a claim to this currency. The parties have agreed to settle the claims of Claimant and to avoid further litigation between them by requesting the entry of this consent judgment.
The Court, having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto,
ORDERS ADJUDGES AND DECREES:
1. This Court has jurisdiction over the subject matter of this action and over the parties to this Consent Judgment.
2. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. § 981(a) with respect to the $9,140.00 described above.
3. Notice of this action has been given as required by law. No one other than Claimant has made a claim for the $9,140.00 described above.
4. The sum of $9,140.00, less any debts or other amounts owed by Claimant which the United States of America is required to offset pursuant to 31 U.S.C.
§ 3716 (through the Treasury Offset Program) shall be returned to Claimant through her counsel. For purposes of returning said funds, Claimant shall provide her social security or taxpayer identification number to the government upon request, as well as the wire transfer information needed to make the payment electronically.
5. Claimant hereby release the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers and employees of the Department of Homeland Security and the Department of Justice, as well as any and all agents, officers, employees and
representatives of any state or local governmental or law enforcement agency involved in the investigation or prosecution of this matter, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorney fees, costs and interest, which may be asserted by or on behalf of Claimants.
6. The Court finds that there was reasonable cause for seizure of the $9,140.00 described above and the institution of these proceedings against said funds. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
7. Pursuant to the agreement of the parties, each of the parties to this Consent Judgment shall bear its own fees and costs associated with this action.
____________________
THE HONORABLE DALE S. FISCHER
UNITED STATES DISTRICT JUDGE
[Signatures of counsel appear on following page]
By their signatures hereunder, the government and Claimants stipulate and request that the Court enter this Consent Judgment and waive any right to appeal.
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
Attorneys for Plaintiff
United States of America
VENABLE LLP
__________
DAVID A. KETTEL
Attorney for Claimant