Opinion
No. C 01-2146 MMC
March 5, 2003
KEVIN V. RYAN, United States Attorney, CHARLES B. BURGH, Chief, Criminal Division, STEPHANIE M. HINDS, Assistant United States Attorney, Attorneys for Plaintiff.
TERENCE RAYNER, Attorney for Claimant Constance Brown.
STIPULATED SETTLEMENT AGREEMENT AND FINAL ORDER OF FORFEITURE
In full settlement of all claims and disputes arising from and related to the captioned forfeiture action, plaintiff United States of America, and claimant Constance Brown, hereby stipulate and agree as follows:
1. Sufficient evidence exists to establish that the defendant currency is subject to forfeiture, pursuant to Title 21, United States Code, Section 881(a)(6), as alleged in the Complaint for Forfeiture.
2. Constance Brown is the sole claimant to the defendant. currency.
3. Claimant Constance Brown consents to the forfeiture of $2,963 of the defendant currency without further notice to her. All right, title and interest in the $2,963 shall be forfeited to the United States and disposed of according to law by the United States Marshals Service.
4. The balance of the defendant currency, $6,000 (with interest), shall be returned to claimant Constance Brown, through her attorney Terence Rayner, whose last known business address is 220 Montgomery Street, Suite 966, San Francisco, California 94104, and whose office telephone number is (415) 392-4691. Such payment shall be in full settlement and satisfaction of any and all claims by claimant, her heirs, representatives and assignees to the defendant currency indirectly or directly related to this action.
5. Claimant Constance Brown shall release and 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 and forfeiture of the defendant currency.
6. Each party shall pay its own attorney fees and costs.
ORDER
Based upon the above stipulation, all pleadings filed herein, the Court finds, by a preponderance of the evidence, that the defendant currency is subject to forfeiture, pursuant to Title 21, United States Code, Section 881(a)(6).
Accordingly, IT IS HEREBY ORDERED that $2,963 shall be and hereby is forfeited to the United States, pursuant to Title 21, United States Code, Section 881(a)(6). All right, title and interest in said property is hereby vested in the United States of America. The United States Marshal shall dispose of the forfeited property according to law.
IT IS FURTHER ORDERED that Plaintiff shall pay claimant Constance Brown the sum of $6,000 (with interest), with said funds being sent to her attorney, Terence Rayner, at his business address located at 220 Montgomery Street, Suite 966, San Francisco, California 94104, and whose office telephone number is (415) 392-4691. Such payment shall be in full settlement and satisfaction of any and all claims by claimant, her heirs, representatives and assignees to the defendant currency indirectly or directly related to this action.
IT IS FURTHER ORDERED that claimant Constance Brown, her heirs, representatives and assignees, shall release and 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 and forfeiture of the defendant currency.
IT IS FURTHER ORDERED that each party bear its own costs and attorneys fees.
IT IS SO ORDERED.