U.S. v. $16,563 in U.S. Currency

Full title: UNITED STATES OF AMERICA, Plaintiff v. $16,563 IN UNITED STATES CURRENCY…

Court: United States District Court, N.D. California

Date published: Feb 9, 2004

No. C 02-1468 MMC (N.D. Cal. Feb. 9, 2004)

Opinion

No. C 02-1468 MMC

February 9, 2004

KEVIN V. RYAN, ROSS W. NADEL, STEPHANIE M. HINDS, San Francisco, California, for Plaintiff

STIPULATED SETTLEMENT AGREEMENT AND [D] FINAL ORDER OF FORFEITURE

MAXINE CHESNEY, District Judge

In full settlement of all claims and disputes arising from and related to the captioned forfeiture action, plaintiff United States of America, and claimant Ronald Curtis, hereby stipulate and agree as follows:

1. On March 26, 2002, plaintiff commenced a civil action seeking forfeiture of the above-captioned defendant currency, pursuant to Title 21, United States Code, Section 881(a)(6), as funds traceable to and derived from drug proceeds, and used to facilitate the distribution of narcotics.

2. Ronald Curtis is the sole claimant to the defendant funds.

3. Ronald Curtis admits that: sufficient evidence exists to establish the forfeiture of $13,063 of the defendant currency, pursuant to Title 21, United States Code, Section 881(a)(6), and consents to the forfeiture of said currency without further notice to him. Claimant Ronald Curtis further relinquishes all right, title and interest in the defendant $13,063, and agrees that said funds shall be forfeited to the United States and disposed of according to law by the United States Marshals Service.

4. The remaining $3,500 shall be returned (via check) to Claimant Ronald Curtis, through his attorney Douglas Rappaport, whose business address is 582 Market Street, 19^th Floor, San Francisco, California, 94104. Such payment shall be in full settlement and satisfaction of any and all claims by Ronald Curtis, his heirs, representatives and assignees to the defendant currency indirectly or directly related to this action

5. Claimant Ronald Curtis, his heirs, representatives and assignees, shall hold harmless the United States, any and all agents, officers, representatives and employees of same, including all federal, state and local enforcement officers, for any and all acts directly or indirectly related to the seizure and forfeiture of the defendant currency.

6. Each party shall pay its own attorney fees and costs. [PROPOSED] FINAL ORDER OF FORFEITURE

Based upon the above stipulation, all pleadings filed herein, the Court hereby finds that sufficient evidence exists to establish forfeiture of $13,053 of the defendant currency as drug proceeds as alleged in the Complaint for Forfeiture.

Accordingly, IT IS HEREBY ORDERED that $13,063 of the defendant currency shall be, and hereby is, forfeited to the United States, pursuant to Title 21, United States Code, Section 881(a)(6), without further notice to Claimant Ronald Curtis.

IT IS FURTHER ORDERED that the remaining $3,500 shall be returned (via check) to Claimant Ronald Curtis, through his attorney Douglas Rappaport, whose business address is 582 Market Street, 19^th Floor, San Francisco, California, 94104. Such payment shall be in full settlement and satisfaction of any and all claims by Ronald Curtis, his heirs, representatives and assignees to the defendant currency indirectly or directly related to this action.

IT IS FURTHER ORDERED that claimant Ronald Curtis, his heirs, representatives and assignees, shall hold harmless the United States, any and all agents, officers, representatives and employees of same, including all federal and local enforcement officers, for any and all acts directly or indirectly related to the seizure, detention and forfeiture of the defendant currency.

IT IS FURTHER ORDERED that each party bear its own costs and attorneys fees.

IT IS FURTHER ORDERED that the United States Marshals Service shall dispose of the forfeited property according to law.

IT IS SO ORDERED.