Opinion
NO. SACV 09-1161 JVS (ANx)
12-08-2011
UNITED STATES OF AMERICA, Plaintiff, v. $100,040.00 IN U.S. CURRENCY, Defendant. CELESTINO SALCEDO FLORES AND EUNICE HIDALGO PALACIOS, Claimants
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 FRANK D. KORTUM Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA RICHARD M. BARNETT, ESQ. Attorney for Claimants Celestino Salcedo Flores and Eunice Hidalgo Palacios
ANDRÉ BIROTTE JR.
United States Attorney
CHRISTINE C. EWELL
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
FRANK D. KORTUM
Assistant United States Attorney
United States Courthouse
Attorneys for Plaintiff
United States of America
CONSENT JUDGMENT OF FORFEITURE
On or about October 8, 2009, plaintiff United States of America ("the United States of America") filed a Verified Complaint for Forfeiture alleging that the defendant $100,040.00 in U.S. currency (the "defendant currency") is subject to forfeiture pursuant to 21 U.S.C. § 981(a)(6).
Claimants Celestino Salcedo Flores and Eunice Hidalgo Palacios ("claimants") filed a claim to the defendant currency on November 10, 2009. No other parties have appeared in this case and the time for filing claims and answers has expired.
The United States of America and claimant have now agreed to settle this action and to avoid further litigation by entering into this Consent Judgment of Forfeiture.
The Court having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the subject matter of this action and the parties to this Consent Judgment of Forfeiture.
2. The Complaint for Forfeiture states a claim for relief pursuant to 21 U.S.C. § 881(a)(6).
3. Notice of this action has been given as required by law. No appearances have been made in this case by any person other than claimants. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true.
4. $40,016.00 of the defendant currency, with interest on that amount only earned by the United States since seizure, shall be returned to claimants. The remainder of the defendant currency (i.e., $60,024.00), plus the interest earned by the United States of
America on the remainder of the defendant currency since seizure, shall be condemned and forfeited to the United States of America. The custodian of the defendant currency is ordered to dispose of the funds forfeited to the United States of America in accordance with law.
5. The funds to be returned to claimants pursuant to paragraph 4, shall be shall be returned via electronic transfer to claimants in care of their attorney's, Richard M. Barnett, client-trust account within sixty (60) days of the entry of this Consent Judgment of Forfeiture.
6. Claimants hereby release the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers, employees and representatives of the Drug Enforcement Administration and the Department of Justice and their respective agencies, as well as all agents, officers, employees and representatives of any state or local governmental 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 this action, including, without limitation, any claim for attorney fees, costs, and interest, which may be asserted by or on behalf of claimant.
7. 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.
8. The Court further finds that claimant did not substantially prevail in this action, and each of the parties hereto shall bear their own attorney fees and costs.
9. The Court shall maintain jurisdiction in this case for the purpose of effectuating the terms of this Consent Judgment of Forfeiture.
_________________
HONORABLE JAMES V. SELNA
UNITED STATES DISTRICT JUDGE
CONSENT
The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of appeal.
Respectfuly submitted,
ANDRE 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
_________________
FRANK D. KORTUM
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA
_________________
RICHARD M. BARNETT, ESQ.
Attorney for Claimants
Celestino Salcedo Flores and
Eunice Hidalgo Palacios