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U.S. v. $29,850.00 in U.S. Currency, 18-CV-01559-SJO (RAO). (2018)

Court: District Court, C.D. California Number: infdco20181116781 Visitors: 13
Filed: Nov. 09, 2018
Latest Update: Nov. 09, 2018
Summary: CONSENT JUDGMENT OF FORFEITURE S. JAMES OTERO , District Judge . Plaintiff, the United States of America, and Claimants Armand Gabriele ("Gabriele") and Shykia Chamber ("Chambers") (collectively, "Claimants") have made a stipulated request for the entry of this Consent Judgment, resolving this action in its entirety. This action was commenced on February 26, 2018. Notice was given and published in accordance with law. Claimants filed timely claims and answers seeking the return of the defen
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CONSENT JUDGMENT OF FORFEITURE

Plaintiff, the United States of America, and Claimants Armand Gabriele ("Gabriele") and Shykia Chamber ("Chambers") (collectively, "Claimants") have made a stipulated request for the entry of this Consent Judgment, resolving this action in its entirety. This action was commenced on February 26, 2018. Notice was given and published in accordance with law. Claimants filed timely claims and answers seeking the return of the defendant $29,850.00 (the "defendant currency"). Gabriele filed a claim on May 1, 2018 and Chambers filed a claim on May 3, 2018. Claimants both filed separate answers on May 22, 2018. No other claims or answers have been filed, and the time for filing claims and answers has expired. The terms of the parties' agreement are set out below.

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

1. The government has given and published notice of this action as required by law, including Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. Claimant Gabriele, from whom the defendant currency was seized, and Claimant Chambers have agreed to forfeit $24,850.00. The government has not received any additional claims or answers, and the time for filing claims and answers has expired. This Court has jurisdiction over the parties and the defendant currency. Any potential claimants to the defendant currency other than Gabriele and Chambers 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 Claimants, nor should this consent judgment be admitted in any criminal proceeding against Claimants to prove any of the facts relied upon to establish reasonable cause for the seizure of the defendant currency.

2. $5,000.00 of the defendant currency, without interest, shall be returned to Claimants no later than sixty days after the date the Judgment is entered, or the date Claimants provide the information described below, whichever is later.

3. If the United States elects to make the payment of the $5,000.00 by check, the check shall be payable to the "The Lentz Law Firm Client Trust Account", and mailed to Claimants in care of their attorney, Mr. Jacek W. Lentz, 1200 Wilshire Boulevard Suite 406, Los Angeles, California 90017. If the United States elects to make the payment by wire transfer, the funds shall be wire transferred to The Lentz Law Firm Client Trust Account. Claimants agree to provide the necessary bank account information for the trust account and their personal identifiers upon request from the United States.

4. The remaining $24,850.00 of the defendant currency, together with all interest earned by the government on the total amount of defendant currency, is hereby forfeited to the United States, and no other right, title, or interest shall exist therein. The government is ordered to dispose of the forfeited property in accordance with law.

5. The Court finds that there was reasonable cause for the seizure of the defendant currency and the institution of this action. This judgment constitutes 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 currency and this action.

IT IS SO ORDERED.

Source:  Leagle

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