Opinion
Case No. C 03-3122 EDL
August 29, 2003
KEVIN V. RYAN, United States ROSS W. NADEL, Chief, Criminal Division ROBERT D. WARD, San Francisco, CA, for Plaintiff SAUL M. PILCHEN, for Magnetrol International, Incorporated, Claimant
SETTLEMENT STIPULATION AND ORDER OF FORFEITURE
INTRODUCTION
Magnetrol International, Incorporated (Magnetrol) hereby enters its Claim and Statement of Interest pursuant to Admiralty Rule C(6) as the owner of the in rem defendant. Magnetrol hereby consents to the jurisdiction of the Magistrate Judge to conduct all proceedings herein, pursuant to 28 U.S.C. § 636(c). Magnetrol is the only Claimant in this action. Magnetrol has cooperated with the United States Customs Service in the investigation leading to the filing of the Complaint for Forfeiture and does not contest that sufficient evidence exists to establish forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A) as alleged in said Complaint. This Stipulation does not constitute an admission of wrongdoing by Magnetrol.
STIPULATION
The United States of America, Plaintiff, and Magnetrol International, Incorporated [Magnetrol], the only claimant herein, in full resolution of all claims and disputes herein, stipulate and agree as follows: 1. Within 30 days of the Order below, Magnetrol will submit to the United States Attorney's Office a cashiers check in the amount of $143,936.08 payable to the Bureau of Customs and Border Protection. 2. The $143,936.08 shall be forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(A). Magnetrol withdraws any and all claims to said funds and consents to the forfeiture as stated in the Order below. 3. Each party shall pay its own costs and fees.
ORDER
IT IS SO ORDERED. Based upon all pleadings herein and the Stipulation above, the Court finds that sufficient evidence exists to establish forfeiture as alleged in the Complaint for Forfeiture filed herein and HEREBY ORDERS THAT: Within 30 days of this Order, Magnetrol shall submit to the United States Attorney's Office in the Northern District of California the defendant funds in the form of a cashiers check, in the amount of $143,936.08, made payable to the Bureau of Customs and Border Protection.The $143,936.08 shall be and hereby is forfeited to the United States of America pursuant to Title 18 U.S.C. § 981 (a)(1)(A). All right, title, and interest, in said funds is hereby vested in the United States of America, All other claims to said funds are hereby barred forever. The forfeited funds shall be disposed of according to law.
Each Party shall pay its own costs and fees.