Filed: May 20, 2016
Latest Update: May 20, 2016
Summary: CONSENT JUDGMENT S. JAMES OTERO , District Judge . Plaintiff United States of America ("the government") and claimant Thanh Tuan Nguyen, aka Thanh N. Nguyen ("Claimant") have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all interests Claimant may have had in the defendant assets, $15,000.00 in U.S. Currency; $5,000.00 Cashier's Check drawn from Wells Fargo Bank Checking Account No. '9483; and $2,809.02 in Funds from Wells Fargo Bank Checki
Summary: CONSENT JUDGMENT S. JAMES OTERO , District Judge . Plaintiff United States of America ("the government") and claimant Thanh Tuan Nguyen, aka Thanh N. Nguyen ("Claimant") have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all interests Claimant may have had in the defendant assets, $15,000.00 in U.S. Currency; $5,000.00 Cashier's Check drawn from Wells Fargo Bank Checking Account No. '9483; and $2,809.02 in Funds from Wells Fargo Bank Checkin..
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CONSENT JUDGMENT
S. JAMES OTERO, District Judge.
Plaintiff United States of America ("the government") and claimant Thanh Tuan Nguyen, aka Thanh N. Nguyen ("Claimant") have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all interests Claimant may have had in the defendant assets, $15,000.00 in U.S. Currency; $5,000.00 Cashier's Check drawn from Wells Fargo Bank Checking Account No. '9483; and $2,809.02 in Funds from Wells Fargo Bank Checking Account No. '9483 (collectively, "the defendant assets").
The civil forfeiture action captioned above was commenced on January 26, 2016. Notice was given and published according to law. Claimant Thanh Tuan Nguyen filed a claim on March 08, 2016 (Dkt. No. 12), and an answer on April 12, 2016 (Dkt. No. 15). No other claims or answers were filed and the time for filing claims and answers have expired.
The Court has been duly advised of and has considered the matter. Based upon the mutual consent of the parties hereto and good cause appearing therefor, the Court hereby ORDERS, ADJUDGES AND DECREES that $20,528.12 in U.S. currency of the defendant assets, plus all interest earned on the entirety of the defendant assets since seizure, is hereby forfeited to the United States, and no other right, title or interest shall exist therein. The remaining portion of the defendant assets, $2,280.90 in U.S. currency, without any interest, shall be returned to the Claimant. The funds are to be made payable via ACH deposit to the Claimant's attorney, Alex R. Kessel, Esq., at Alex R. Kessel Law Offices, 15910 Ventura Boulevard, Suite 1030, Encino, California 91436. Alex R. Kessel shall provide the information necessary to facilitate such payment according to law.
The Court finds that there was reasonable cause for the seizure of the defendant assets and the institution of this action. This consent judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. Each of the parties shall bear its own fees and costs in connection with the seizure, retention and return of the defendant assets.