Elawyers Elawyers
Ohio| Change

United States v. Up to 28,174,145.52 USD in Huntington National Bank Escrow Account Number 7196, CV 19-01327-DSF (PLAx). (2019)

Court: District Court, C.D. California Number: infdco20190718741 Visitors: 6
Filed: Jul. 17, 2019
Latest Update: Jul. 17, 2019
Summary: CONSENT JUDGMENT OF FORFEITURE DALE S. FISCHER , District Judge . Plaintiff United States of America and Claimant Christopher Joey McFarland ("Claimant") have made a stipulated request for the entry of this Consent Judgment, partially resolving this action. The Court, having considered the stipulation and request of the parties, and good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES: 1. This Court has jurisdiction over Plaintiff, the following >Defendants: (a) $14,087,072
More

CONSENT JUDGMENT OF FORFEITURE

Plaintiff United States of America and Claimant Christopher Joey McFarland ("Claimant") have made a stipulated request for the entry of this Consent Judgment, partially resolving this action.

The Court, having considered the stipulation and request of the parties, and good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES:

1. This Court has jurisdiction over Plaintiff, the following >Defendants: (a) $14,087,072.76 in Huntington National Bank Escrow Account Number '7196; (b) $1,148,739.35 in Barclays Bank of Delaware Account Number '6111; and (c) $162,486.88 in Fidelity Investments, Inc. Account Number '9340 (collectively, the "Defendant Funds"), Claimant, and the subject matter of this action as related to the Defendant Funds only.

2. This Consent Judgment does not apply to the remaining defendant asset in this action, $14,087,072.76 in Huntington National Bank Escrow Account Number '7196.

3. The Government has given and published notice of this action as required by law, including Supplemental Rule G for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. All potential claimants to the Defendant Funds, other than Claimant, are deemed to have admitted the allegations of the Complaint. Nothing in this consent judgment is intended or should be interpreted as an admission of wrongdoing by Claimant, nor should this consent judgment be admitted in any criminal proceeding against Claimant to prove any of the facts relied upon to establish reasonable cause for the seizure of the Defendant Funds or the commencement of this action. The allegations set forth in the Complaint are sufficient to establish a basis for forfeiture of the Defendant Funds.

4. The Government shall have judgment as to the Defendant Funds, and all interest earned by the government thereon, and no other person or entity shall have any right, title or interest therein. The Government shall dispose of said funds in accordance with law.

5. The Court finds that there was reasonable cause for the seizure of the Defendant Funds and institution of this action on the Defendant Funds. This consent judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

6. Each of the parties shall bear its own fees and costs in connection with the seizure of the Defendant Funds and this action.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer