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U.S. v. $383,365.70 IN BANK FUNDS, CV 15-7554-GW (GJSx). (2017)

Court: District Court, C.D. California Number: infdco20170214702 Visitors: 6
Filed: Feb. 13, 2017
Latest Update: Feb. 13, 2017
Summary: CONSENT JUDGMENT OF FORFEITURE GEORGE H. WU , District Judge . This civil forfeiture action was commenced on September 25, 2015 against the defendants $383,365.70 in bank funds and $34,860.00 in U.S. Currency. Hee Sun Shim and Il Soon Lee (collectively referred to as "Claimants") filed a claim of interest in the defendants on November 6, 2015. Shim claimed an interest in all of the defendants and Lee claimed an interest in all defendants except Lee did not claim $276,175.50 of the defendant
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CONSENT JUDGMENT OF FORFEITURE

This civil forfeiture action was commenced on September 25, 2015 against the defendants $383,365.70 in bank funds and $34,860.00 in U.S. Currency. Hee Sun Shim and Il Soon Lee (collectively referred to as "Claimants") filed a claim of interest in the defendants on November 6, 2015. Shim claimed an interest in all of the defendants and Lee claimed an interest in all defendants except Lee did not claim $276,175.50 of the defendant bank funds which were seized from Uniti Bank account ending in 2784.

No other parties have appeared in this case and the time for filing claims of interest and answers has expired. Plaintiff United States of America and Claimants have reached an agreement that is dispositive of the action. The parties hereby request that the Court enter this Consent Judgment of Forfeiture.

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

This Court has jurisdiction over the parties and the subject matter of this action.

Notice of this action has been given in accordance with law. All potential claimants to the defendants, other than Claimants, are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture.

The United States of America shall have judgment as to $383,365.70 in bank funds and $34,860.00 in U.S. currency and all interest earned on the entirety of the defendants since seizure, and no other person or entity shall have any right, title or interest therein. The United States is ordered to dispose of said funds in accordance with law.

Claimants agree to release the United States of America, its agencies, agents, and officers, including employees, officers and agents of the Department of Homeland Security from any and all claims, actions or liabilities arising out of or related to this action or the underlying seizures, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of Claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise. If Claimants submitted petitions for remission to any of the defendants in any proceedings, Claimants hereby stipulate to withdraw the petitions, and waive any rights they may have to seek remission or mitigation of the forfeiture of the defendants.

The Court finds that there was reasonable cause for the seizure of the defendants and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

Source:  Leagle

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