Opinion
NO. 2:11-cv-04 607-JHN -VBKx
12-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. $55,859.05 IN WELLS FARGO BANK FUNDS AND $5,566.00 IN U.S. CURRENCY, Defendants. VINCENT R. LEONARDIS AND SUZANNE M. RAY, 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 California Bar No. 222875 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
KATHARINE SCHONBACHLER
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 222875
Attorneys for Plaintiff
United States of America
CONSENT JUDGMENT OF FORFEITURE
This action was filed on May 27, 2011 against defendants $55,859.05 in Wells Fargo Bank Funds and $5,566.00 in U.S. currency (collectively referred to as "defendant funds"). Notice was given and published in accordance with law. Claimant Vincent R. Leonardis filed a claim to the defendant $55,859.05 in Wells Fargo Bank Funds on September 7, 2011 and an answer on August 4, 2011. Claimant Suzanne M. Ray filed a claim to the defendant $5,566.00 in U.S. currency on September 7, 2011 and an answer on August 4, 2011. (Vincent R. Leonardis and Suzanne M. Ray will collectively be referred to as "claimants"). No other claims or answers 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.
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. All potential claimants to the defendant funds other than 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.
3. The United States of America shall have judgment as to $46,425.05 of the defendant funds, with all interest earned by the government on the full amount of the defendant funds, 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 asset in accordance with law.
4. The sum of $10,000.00 only, without interest, shall be returned to claimant Vincent R. Leonardis by either check or wire transfer. If the United States elects to make the payment by check, the check will be payable to "Vincent R. Leonardis and Sandra J. Applebaum, Attorney Client Trust Account," and mailed to the Sandra J. Applebaum, Attorney, 1227 Buena Vista Street, Suite E, Duarte, California 91010. If the United States elects to make the payment by wire transfer, the funds will be wire transferred to Sandra J. Applebaum, Attorney Client Trust Account. Claimants and their attorneys shall provide any and all information needed to process the return of these funds in accordance with federal law.
5. The sum of $5,000.00 only, without interest, shall be returned to claimant Suzanne M. Ray by either check or wire transfer. If the United States elects to make the payment by check, the check will be payable to "Suzanne M. Ray and Sandra J. Applebaum, Attorney Client Trust Account," and mailed to Sandra J. Applebaum, Attorney, 1227 Buena Vista Street, Suite E, Duarte, California 91010. If the United States elects to make the payment by wire transfer, the funds will be wire transferred to the Sandra J. Applebaum, Attorney Client Trust Account. Claimants and their attorneys shall provide any and all information needed to process the return of these funds in accordance with federal law.
6. 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, as well as all agents, officers, employees and representatives of any state or local government 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 the seizure of the defendant funds or the prosecution of this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of the claimants, or either of them, whether pursuant to 28 U.S.C. § 2465 or otherwise.
7. The court finds that there was reasonable cause for the seizure of the defendant funds and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
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HONORABLE JACQUELINE H. NGUYEN
UNITED STATES DISTRICT JUDGE
[Signatures of counsel appear on next page.]
CONSENT
The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of 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
____________
KATHARINE SCHONBACHLER
Assistant United States Attorney
Attorneys for Plaintiff
United States of America
____________
SANDRA J. APPLEBAUM, ESQ.
Attorney for Claimants
VINCENT R. LEONARDIS and
SUZANNE M. RAY
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Claimant VINCENT R. LEONARDIS
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Claimant SUZANNE M. RAY