Opinion
ANDRÉ 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, KATHARINE SCHONBACHLER, Assistant United States Attorney Asset Forfeiture Section, Los Angeles, California Attorneys for Plaintiff United States of America.
PAUL L. GABBERT, Attorney for Claimant, MARIO A. LIZARRAGA.
CONSENT JUDGMENT OF FORFEITURE
MARGARET M. MORROW, District Judge.
This action was filed on April 29, 2013. Notice was given and published in accordance with law and the time for filing claims and answers have expired. Claimant Mario A. Lizarraga ("Lizarraga") from whom the defendant currency was seized has filed a claim and answer in this matter. No other claims or answers were filed. Plaintiff and Lizarraga have reached an agreement that is dispositive of the action. The parties hereby request that the Court enter this Consent Judgment of Forfeiture.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the parties and the subject matter of this action.
2. Notice of this action has been given in accordance with law. All potential claimants to the defendant $261,000.00 in U.S. currency (hereinafter "defendant currency") other than Lizarraga 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.
3. The United States of America shall have judgment as to $226,000.00 of the defendant currency, plus all interest earned by the government on the full amount of the defendant currency, and no other person or entity shall have any right, title or interest therein. The United States Marshals Service is ordered to dispose of said assets in accordance with law.
4. $35,000.00 of the defendant currency, without any interest earned by the government on the full amount of the defendant currency, shall be returned to Lizarraga by either check or wire transfer. If the United States elects to make the payment by check, the check will be payable to "Paul L. Gabbert Client Trust Account, " and mailed to his attorney Paul L. Gabbert, Esq. at 2115 Main Street, Santa Monica, California 90405. If the United States elects to make the payment by wire transfer, the funds will be wire transferred to the Paul L. Gabbert Client Trust Account. Lizarraga and his attorney shall provide any and all information needed to process the return of these funds according to federal law.
5. Lizarraga hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Administration, as well as all agents, officers, employees and representatives of any state or local government 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 the seizure of the defendant currency or the prosecution of this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of Lizarraga, whether pursuant to 28 U.S.C. § 2465 or otherwise.
6. The court finds that there was reasonable cause for the seizure of the defendant currency and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
7. The parties stipulate and request that the Scheduling Conference scheduled for August 26, 2013 be taken off calendar if the Court approves and enters this Consent Judgment.