Filed: May 09, 2016
Latest Update: May 09, 2016
Summary: [PROPOSED] CONSENT JUDGMENT PHILIP S. GUTIERREZ , District Judge . Plaintiff United States of America ("the government") and claimants Hyong Yun Heo, Steven Yun So Heo, Thinh Tony Nguyen, and In Sil Heo (jointly, the "Claimants") have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all interests Claimants may have had in the defendant asset, $25,000.00 in U.S. currency ("defendant currency"), consisting of $8,500.00 seized from Steven Yun
Summary: [PROPOSED] CONSENT JUDGMENT PHILIP S. GUTIERREZ , District Judge . Plaintiff United States of America ("the government") and claimants Hyong Yun Heo, Steven Yun So Heo, Thinh Tony Nguyen, and In Sil Heo (jointly, the "Claimants") have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all interests Claimants may have had in the defendant asset, $25,000.00 in U.S. currency ("defendant currency"), consisting of $8,500.00 seized from Steven Yun S..
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[PROPOSED] CONSENT JUDGMENT
PHILIP S. GUTIERREZ, District Judge.
Plaintiff United States of America ("the government") and claimants Hyong Yun Heo, Steven Yun So Heo, Thinh Tony Nguyen, and In Sil Heo (jointly, the "Claimants") have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all interests Claimants may have had in the defendant asset, $25,000.00 in U.S. currency ("defendant currency"), consisting of $8,500.00 seized from Steven Yun Soo Heo, $8,000.00 seized from Thinh Tony Nguyen, and $8,500.00 seized from Hyong Yun Heo).
The civil forfeiture action captioned above was commenced on August 5, 2015. Notice was given and published according to law. Claimant Hyong Yun Heo filed a claim on November 16, 2015 (Dkt No. 12), and an answer on December 18, 2015 (Dkt. No. 20). Claimant Steven Yun Heo filed a claim on November 16, 2015 (Dkt. No. 14), and an answer on December 18, 2015 (Dkt. No. 21). Claimant Thinh Tony Nguyen filed a claim on November 16, 2015 (Dkt. No. 15), and an answer on December 18, 2015 (Dkt. No. 22). Claimant In Sil Heo filed a claim on November 16, 2015 (Dkt. No. 16), and an answer on December 18, 2015 (Dkt. No. 19). No other claims or answers were filed and the time for filing claims and answers has 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 $21,000.00 of the defendant currency plus all interest earned on the entirety of the defendant currency since seizure, is hereby forfeited to the United States, and no other right, title or interest shall exist therein. The remaining $4,000.00 of the defendant currency, without any interest, shall be returned to the Claimants as follows: The funds shall be made payable via ACH deposit to the Claimants' attorney, Jacek W. Lentz, Esq., The Lentz Law Firm, P.C., 1055 Wilshire Boulevard, Suite 1996, Los Angeles, California 90017.
The Court finds that there was reasonable cause for the seizure of the defendant currency 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 currency.
