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U.S. v. One 2011 Mercedes-Benz SL63 AMG, SACV 16-00458-CJC (DFWx). (2018)

Court: District Court, C.D. California Number: infdco20180724538 Visitors: 9
Filed: Jul. 23, 2018
Latest Update: Jul. 23, 2018
Summary: CONSENT JUDGMENT OF FORFEITURE CORMAC J. CARNEY , District Judge . This action was filed on March 9, 2016, and notice was given and published in accordance with law. Claimant Linh Thi Tran Dang ("Claimant"), from whose residence the defendants $322,980.00 in U.S. Currency, $7,603.00 in U.S. Currency, One Men's Rolex Watch, and Eleven Assorted Watches (collectively, the "Defendant Assets") were seized, filed a timely claim for return of the Defendant Assets. No other claims related to the De
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CONSENT JUDGMENT OF FORFEITURE

This action was filed on March 9, 2016, and notice was given and published in accordance with law. Claimant Linh Thi Tran Dang ("Claimant"), from whose residence the defendants $322,980.00 in U.S. Currency, $7,603.00 in U.S. Currency, One Men's Rolex Watch, and Eleven Assorted Watches (collectively, the "Defendant Assets") were seized, filed a timely claim for return of the Defendant Assets. No other claims related to the Defendant Assets have been filed, and the time for filing claims has expired.

Plaintiff and Claimant have reached an agreement that is dispositive of the entire action, and they stipulate and request that judgment be entered on the following terms.

The Court has reviewed the stipulation and request of the parties to enter judgment and, good cause appearing therefor, IT IS ORDERED, ADJUDGED AND DECREED THAT:

This Court has jurisdiction over Plaintiff, Claimant, the Defendant Assets and the subject matter of this action.

Notice of this action has been given in accordance with law, and all potential claimants to the Defendant Assets (other than Claimant) are deemed to have admitted the allegations of the Complaint. The allegations set forth in the Complaint are sufficient to establish a basis for forfeiture.

The United States of America shall have judgment as to $165,291.50 of the defendant funds, plus any interest earned thereon since the seizure. No other person or entity shall have any right, title or interest in the funds forfeited to the United States. The government is ordered to dispose of said funds in accordance with law. Nothing in this consent judgment is intended or should be interpreted as an admission of wrongdoing by Claimant.

No later than sixty days after the date this judgment is entered, or sixty days after Claimant provides the information described below, whichever is later, the government shall return to Claimant $165,291.50 of the defendant funds, without interest, and the defendant One Men's Rolex Watch and Eleven Assorted Watches.

If the United States elects to make the payment of the $165,291.50 by check, the check shall be payable to the "John R. Cogorno Law Office client trust account," and mailed to Claimant in care of her attorney, Mr. John R. Cogorno, 14121 Beach Boulevard, Westminster, California 92683. If the United States elects to make the payment by wire transfer, the funds shall be wire transferred to the John R. Cogorno Law Office Client Trust Account. Upon request from the United States, Claimant shall provide her personal identifying information and any necessary bank account information necessary to complete the transfer.

The Court finds that there was reasonable cause for the seizure of the Defendant Assets and institution of these proceedings. This 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 costs and fees.

IT IS SO ORDERED.

Source:  Leagle

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