Opinion
EILEEN M. DECKER, United States Attorney, LAWRENCE S. MIDDLETON, Assistant United States Attorney Chief, Criminal Division, STEVEN R. WELK, Assistant United States Attorney Chief, Asset Forfeiture Section, JENNIFER RESNIK, Assistant United States Attorney Asset Forfeiture Section, Los Angeles, California, Attorneys for Plaintiff, UNITED STATES OF AMERICA.
MARK J. WERKSMAN, ESQ., LAW OFFICES OF MARK J. WERKSMAN, Attorneys for Claimant, LEMUEL LIBUNAO for INTERAFUND CAPITAL CORPORATION Claimant
HILARY POTASHNER, Federal Public Defender, KIM SAVO, NADINE HETTLE, Deputy Federal Public Defenders, Attorneys for Claimant Lucita Uy.
CONSENT JUDGMENT OF FORFEITURE AS TO REAL PROPERTY LOCATED ON WEST GREEN STREET, CLAREMONT, CALIFORNIA
STEPHEN V. WILSON, District Judge.
This action was filed on May 27, 2010. Notice was given and published in accordance with law. Claimant Lemuel Libunao, both individually and through Intrafund Capital Corporation (collectively "Claimants") filed the only claim to the defendant real property located on West Green Street, Claremont, California (the "defendant Green Street property"), more particularly described below. 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 Claimants have reached an agreement that is dispositive of the claim to the defendant Green Street property in this action. The parties have requested 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 18 U.S.C. § 981(a)(1)(A) and 31 U.S.C. § 5317(c)(2).
C. Notice of this action has been given in accordance with law. All potential claimants to the defendant Green Street property 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.
D. The United States of America shall have judgment as to the defendant Green Street property, and no other person or entity shall have any right, title or interest therein. The legal description of the defendant Green Street property is as follows: The real property in the City of Claremont, County of Los Angeles, State of California, described as, Parcel 1: The Westerly 50 feet of the easterly 56 feet of the southerly 20 feet of lot 14, in block 51 of Claremont, as per map recorded in Book 15, pages 87 and 88 of miscellaneous records. Parcel 2: The westerly 50 feet of the easterly 56 feet of lots 12 and 13, in block 51 of Claremont, as per map recorded in book 15, pages 87 and 88 of miscellaneous records. APN # XXXX-XXX-XXX.
E. Claimants have released the United States of America, its Drug Enforcement Agency and the Internal Revenue Service, 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 Claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise. Nothing in this consent judgment is intended as, nor should anything in this consent judgment be interpreted as an admission by Claimants of any liability or wrongdoing.
F. The court finds that there was reasonable cause for the institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.