Opinion
No. C 04-3474 JL.
October 11, 2005
KEVIN V. RYAN, United States Attorney.
EUMI L. CHOI, Chief, Criminal Division.
STEPHANIE M. HINDS, Assistant United States Attorney, San Francisco, California, Attorneys for Plaintiff.
JOSEPH E. MOCKUS, Attorney for Claimant Mohammad Shaikh.
SETTLEMENT STIPULATION AND [ PROPOSED] FINAL ORDER OF FORFEITURE
SETTLEMENT STIPULATION
In full and final settlement of all claims and disputes related to the captioned forfeiture action, plaintiff United States of America, and claimant Mohammed Shaikh, hereby stipulate and agree as follows:
1. On or about July 16, 2003, law enforcement agents seized the defendant funds pursuant to Title 18, United States Code, Section 981.
2. Sufficient evidence exists for the seizure and forfeiture of the defendant funds because said funds represents funds involved in an unlicensed money remitter business, in violation of Title 18, United States Code, Section 1960.
3. Mohammed Shaikh consents to the forfeiture of his interest in $30,000 of the defendant funds, pursuant to Title 18, United States Code, Section 981(a)(1)(A), without further notice to him.
4. $282,779.63, which represents the balance of the defendant funds, shall be returned to Claimant Mohammed Shaikh, in a check made payable to him and his attorney, Joseph E. Mockus, Esq., and sent to Mr. Mockus at Garcia Schnayerson, 225 W. Winton Ave., Suite 208, Hayward, CA 94544, for distribution to the appropriate customers of Shaikh's unlicensed money remitter business affected by the seizure of these funds who have not yet been compensated.
5. All right, title and interest in the $30,000 shall be condemned and vested in the United States.
6. Claimant Mohammed Shaikh shall hold harmless the United States of America, the Bureau of Immigration and Customs Enforcement and all agents, officers and employees thereof, including any and all state and local law enforcement officers, for any and all acts directly or indirectly related to the seizure, detention and forfeiture of the defendant funds.
7. Each party shall bear its own attorneys fees and costs related to this litigation.
IT IS SO ORDERED.