Opinion
EILEEN M. DECKER, United States Attorney, LAWRENCE MIDDLETON, Assistant United States Attorney Chief, Criminal Division, STEVEN R. WELK, Assistant United States Attorney Chief, Asset Forfeiture Section, JONATHAN GALATZAN, Assistant United States Attorney Asset Forfeiture Section, Los Angeles, California, Attorneys for Plaintiff, United States of America.
JERRY KAPLAN, ESQ., JOSEPH BENINCASA, ESQ., Attorneys for Claimants, AGNESA MARANJYAN AND A2J TRANSPORTATION.
[PROPOSED] CONSENT JUDGMENT OF FORFEITURE
MARGARET M. MORROW, District Judge.
This action was filed on August 24, 2015 against the defendants One 2002 Peterbilt 379 Semi, One 1980 Fruehauf Tank Trailer, and $16, 271.00 in U.S. Currency. Agnesa Maranjyan claims and interest in the defendant $16, 271.00 in U.S. Currency and A2J Transportation claims an interest in the defendants One 2002 Peterbilt 379 Semi, One 1980 Fruehauf Tank Trailer. No other parties other than Maranjyan and A2J Transportation have appeared in this case and the time for filing such statements of interest and answers has expired. Plaintiff United States of America and Maranjyan and A2J Transportation have reached an agreement that is dispositive of the action. Nothing in this consent judgment is intended or should be interpreted as an admission of wrongdoing by Maranjyan or A2J Transportation. 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 defendants One 2002 Peterbilt 379 Semi, One 1980 Fruehauf Tank Trailer, and $16, 271.00 in U.S. Currency other than Maranjyan and A2J Transportation 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 the defendants One 2002 Peterbilt 379 Semi and One 1980 Fruehauf Tank Trailer, and no other person or entity shall have any right, title or interest therein. The United States Secret Service is ordered to dispose of said defendants in accordance with law. The defendant $16, 271.00 in U.S. Currency, without interest, shall be returned to claimant Maranjyan through her counsel.
4. Maranjyan and A2J Transportation have agreed to release the United States of America, its agencies, agents, and officers, including employees, officers and agents of the United States Secret Service from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of Maranjyan and A2J Transportation, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5. The court finds that there was reasonable cause for the seizure of the defendants One 2002 Peterbilt 379 Semi, One 1980 Fruehauf Tank Trailer, and $16, 271.00 in U.S. Currency and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.