[PROPOSED] CONSENT JUDGMENT

CHRISTINA A. SNYDER, District Judge.

This action was filed on October 26, 2009. Notice was given and published in accordance with law. Claimants Jack Duc Ho ("Ho") and Anh T. Tu ("Tu") (collectively "claimants") claim an interest in the defendant assets and have filed and claim and answered the complaint. No other claims or answers have been filed, and the time for filing claims and answers has expired. Plaintiff United States of America ("the government") and claimants Ho and Tu have reached an agreement that, without further litigation and without an admission of any wrongdoing, is dispositive of the government's claims against the defendant assets, and hereby request that the Court enter this Consent Judgment.

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

1. As used throughout, the "defendant real property" shall mean the defendant real property located in Rosemead, California; the "defendant currency" shall mean the $37,837.00 in U.S. currency seized on April 28, 2009 from the defendant real property; and the "defendant vehicle" shall mean the one 2001 Mercedes Benz ML430 seized from the defendant real property on April 28, 2009.

2. This Court has jurisdiction over the parties to this Consent Judgment and the subject matter of this action.

3. On or about October 26, 2009, the government filed a Complaint for Forfeiture pursuant to 21 U.S.C. §§ 881(a) (6) and (7) and 18 U.S.C. §§ 981(a)(1)(A) and (C) against the defendant real property, defendant currency, and defendant vehicle.

4. Claimants Ho and Tu filed a claim and answered the complaint. No other claimant has appeared in this action.

5. Notice of this action has been given in accordance with law. No appearances by parties other than claimants having been made in this action, the Court deems that all potential claimants other than Ho and Tu admit the allegations of the Complaint to be true. The Complaint states valid claims for relief pursuant to 21 U.S.C. §§ 881(a) (6) and (7) and 18 U.S.C. §§ 981(a)(1)(A) and (C).

6. Claimants Ho and Tu shall retain possession of and title to the defendant real property.

7. In consideration of the government's agreement not to pursue forfeiture of the defendant property, claimants Ho and Tu shall pay the sum of $365,000.00 to the government not later than sixty days following entry of this Consent Judgment by the Court. Such payment shall be made via a wire transfer or in the form of a cashier's check made payable to the United States Marshals Service, and shall be delivered to Assistant United States Attorney Jonathan Galatzan, 312 N. Spring Street, 14th Floor, Los Angeles, California 90012. Said sum is hereby ordered forfeited to the United States of America and no other right, title or interest shall exist therein. The government is ordered to dispose of the funds in accordance with law.

8. In consideration of claimants' agreement to forfeit the above-described funds, the government agrees to forego its attempts to seek forfeiture of the defendant real property in connection with any conduct committed up to and including the date of the filing of this proposed Consent Judgment. The government agrees that if payment is made as provided in paragraph 7, it shall execute and record a Withdrawal of Lis Pendens with the County Recorder of Los Angeles County within ten days of such payment.

9. Should claimants fail to make the payment required herein within sixty days following entry of this Consent Judgment, the government shall acquire a lien against the defendant real property in the sum of $365,000.00. The government's lien shall include a right of sale, allowing the government to take possession of and sell the defendant real property at any time after ninety days after entry of this Consent Judgment, unless the parties agree otherwise in writing. The government shall give written notice to claimants by letter directed to Eric Honig, Esq., as set forth below, thirty (30) days before the government intends to enforce its right of sale of the defendant real property. At the conclusion of that thirty day period, any occupants or personal property shall be removed from the property. The United States Marshal Service is hereby authorized to remove any occupants and/or personal property remaining on the defendant real property thirty days after the giving of written notice without further order of this Court. The United States shall thereafter sell the defendant real property. The proceeds of sale shall be applied as follows, to the extent proceeds are available:

10. The defendant vehicle and $17,797.00 of the defendant currency, without interest, shall be returned to claimants through their counsel; the remaining $20,040.00 of the defendant currency shall be forfeited to the United States, and no other right, title or interest shall exist therein.

11. Except as otherwise set forth in this Consent Judgment, claimants Ho and Tu have released the United States of America, its agencies, agents, and officers, including, without limitation, employees and other representatives of the Federal Bureau of Investigation, from any and all claims, defenses, actions, or liabilities arising out of or related to this action against the defendant assets, including, without limitation, any and all claims for attorneys' fees, costs or interest which may be asserted by claimants or on their behalf.

12. The parties shall each bear their own costs and attorneys' fees in this action.

13. The Court shall retain jurisdiction over this matter to enforce the provisions of this Consent Judgment.

14. The Court finds that there was reasonable cause for the initiation of this action, and this Consent Judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

15. All notices and other communications provided for in this Consent Judgment shall be in writing and shall be effective when given on the earliest of the following dates: (i) the date when actually delivered if delivered in person to the recipient; (ii) on the first (1St) business day after depositing such notice with a reputable independent nationally-recognized overnight courier service addressed to the recipient as set forth below; or (iii) on the third (3rd) day after depositing such notice in a sealed envelope in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed to, except as otherwise provided in this Consent Judgment, the recipient at the address set forth below:

To the Government: Jonathan Galatzan, Assistant U.S. Attorney, Asset Forfeiture Section, 312 N. Spring Street, 14th Floor, Los Angeles, CA 90012.

To claimants Ho and Tu: Eric Honig, Esq., P.O. Box 10327, Marina Del Rey, CA 90295.

Any notice so given by mail shall be deemed to have been given as of the date of delivery (whether accepted or refused) established by the U.S. Post Office return receipt or the overnight courier's proof of delivery, as the case may be.