Opinion
Case C 03-0723 SI
October 15, 2003
KEVIN V. RYAN, San Francisco, CA, for Plaintiff
ROSS W. NADEL, San Francisco, CA, for Plaintiff
ROBERT D. WARD, San Francisco, CA, for Plaintiff
ROBERT J. BELES, for Claimant
SETTLEMENT STIPULATION AND FINAL ORDER OF FORFEITURE
STIPULATION
The United States, Plaintiff, and Yazuhiro Ezoe, the only claimant herein, in full resolution of all claims, disputes and issues related to this in rem forfeiture case, hereby stipulate and agree as follows:
1. Probable cause exists for the forfeiture of the defendant currency pursuant to 21 U.S.C. § 881(a)(6).
2. $15,000 of the defendant currency shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6).
3. $3,787 of the defendant currency shall be returned to the claimant. Yazuhiro Ezoe, in care of his attorney, Robert J. Beles, Esq., One Kaiser Plaza, Suite 1750, Oakland, California 94612 (tel. no. 510-836-0100).
4. The United States and all agents, officers, and employees thereof shall be held harmless for any and all acts directly or indirectly related to the seizure of the defendant currency and the ensuing forfeiture proceedings.
5. Each party shall pay its own costs and fees.
FINAL ORDER OF FORFEITURE
Based upon the above Stipulation and all pleadings herein, the Court finds that probable cause exists for the forfeiture of the defendant currency pursuant to 21 U.S.C. § 881(aX6) and hereby orders that:
1. $15,000 of the defendant currency shall be and hereby is ordered forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6). All right, title and interest in said funds is hereby vested in the United States. All other claims to said currency are hereby barred forever. The United States Marshal shall dispose of the forfeited funds according to law.
2. $3,787 of the defendant currency shall be returned to the claimant, Yuzihiro Ezoe, in care of his attorney, Robert J. Beles, Esq., One Kaiser Plaza, Suite 1750, Oakland, California 94612 (tel. no. 510-836-0100).
3. The United States and all agents, officers, and employees thereof shall be held harmless for any and all acts directly or indirectly related to the seizure of the defendant currency and the ensuing forfeiture proceedings.
4. Each party shall pay its own costs and fees.