Opinion
NO. SACV 10-00758-CJC(ANx)
08-10-2011
UNITED STATES OF AMERICA, Plaintiff, v. $9,392.04 IN BANK ACCOUNT FUNDS, ONE 2006 HUMMER H3, AND ONE 2008 MERCEDES-BENZ S550 Defendants. MAGDALENA ANNAN Claimant.
ANDRE 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 FRANK D. KORTUM Assistant United States Attorney Asset Forfeiture Section California Bar No. 110984 Attorneys for Plaintiff United States of America
ANDRE 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
FRANK D. KORTUM
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 110984
Attorneys for Plaintiff
United States of America
[PROPOSED]
CONSENT JUDGMENT OF FORFEITURE
On or about June 4, 2010, plaintiff United States of America ("the United States") filed a Complaint for Forfeiture alleging that the defendants $9,392.04 in Bank Account Funds, One 2006 Hummer H3, and One 2008 Mercedes-Benz S550 (the "defendants") were subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6).
Claimant Magdalena Annan ("claimant") filed a claim to the defendants on or about January 31, 2011. No other parties have appeared in this case and the time for filing claims and answers has expired.
The United States 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).
3. Notice of this action has been given as required by law. No appearances have been made in this case 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. Claimant shall pay $20,697.96 to the United States, by wire transfer pursuant to instructions to be supplied. The defendant, $9,392.04 in bank account funds, plus the interest earned by the United States on the entire sum since seizure, shall be condemned and forfeited to the United States. A judgment of forfeiture is hereby entered in favor of the United States. The custodian of the defendants is ordered to dispose of the funds forfeited to the United States plus all interest earned in accordance with law. The remainder of the assets shall be returned to the claimant.
5. The assets are to be returned to claimant pursuant to paragraph 4 within sixty (60) days of the entry of this Consent Judgment of Forfeiture.
6. Claimant hereby releases the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers, employees and representatives of the Drug Enforcement Administration and the Department of Justice and their respective agencies, as well as 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 claimant.
7. 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.
8. The Court further finds that claimant did not substantially prevail in this action, and each of the parties hereto shall bear their own attorney fees and costs.
9. The Court shall maintain jurisdiction in this case for the purpose of effectuating the terms of this Consent Judgment of Forfeiture.
THE HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE
CONSENT
The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of appeal.
ANDRE 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
FRANK D. KORTUM
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA
Mitchell B. Young, ESQ.
Attorney for Claimant
MAGDALENA ANNAN
MAGDALENA ANNAN
Claimant