Filed: Jun. 25, 2015
Latest Update: Jun. 25, 2015
Summary: CONSENT JUDGMENT OF FORFEITURE TERRY J. HATTER, Jr. , District Judge . This action was filed on November 10, 2008. Notice was given and published in accordance with law. Claimants Maria Gabriela Kallas and Constantine Peter Kallas ("Claimants") filed the only claims to the defendants $208,690.94 in Bank Account Funds, $19,167.65 Seized From TD Ameritrade, $177,500.00 in U.S. Currency, Foreign Currency Valued at $3,790.15, and One 2004 Ford F-150: a. The defendant $208,690.94 in Bank Accoun
Summary: CONSENT JUDGMENT OF FORFEITURE TERRY J. HATTER, Jr. , District Judge . This action was filed on November 10, 2008. Notice was given and published in accordance with law. Claimants Maria Gabriela Kallas and Constantine Peter Kallas ("Claimants") filed the only claims to the defendants $208,690.94 in Bank Account Funds, $19,167.65 Seized From TD Ameritrade, $177,500.00 in U.S. Currency, Foreign Currency Valued at $3,790.15, and One 2004 Ford F-150: a. The defendant $208,690.94 in Bank Account..
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CONSENT JUDGMENT OF FORFEITURE
TERRY J. HATTER, Jr., District Judge.
This action was filed on November 10, 2008. Notice was given and published in accordance with law. Claimants Maria Gabriela Kallas and Constantine Peter Kallas ("Claimants") filed the only claims to the defendants $208,690.94 in Bank Account Funds, $19,167.65 Seized From TD Ameritrade, $177,500.00 in U.S. Currency, Foreign Currency Valued at $3,790.15, and One 2004 Ford F-150:
a. The defendant $208,690.94 in Bank Account Funds was seized on June 26, 2008 from the following accounts at Washington Mutual Bank (now JP Morgan Chase Bank):
i) $158,257.94 from account number ending with `7486 in the name of Lucia Anolis;
ii) $5,982.000 from account number ending with `4610 in the names of Constantine and Maria Kallas;
iii) $44,451.00 from account number ending with `3383 in the names of Constantine and Maria Kallas;
b. The defendant $19,167.65 Seized from TD Ameritrade was seized on June 26, 2008 from an account at TD Ameritrade in the name of Constantine Kallas;
c. The defendant $177,500.00 in U.S. Currency was seized by agents of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, on June 26, 2008 during the execution of a federal search warrant at the residence of Constantine and Maria Kallas in Rancho Cucamonga (the "Kallas residence");
d. The defendant Foreign Currency Valued at $3,790.15 ("defendant Foreign Currency") was also seized from the Kallas residence during the execution of the federal search warrant referenced in the preceding subparagraph. At the time of seizure, this defendant consisted of currency from several foreign countries. Subsequent to seizure, the currency was converted by a financial institution into United States funds totaling $3,790.15; and
e. The defendant One 2004 Ford F-150 ("defendant vehicle") was seized on June 26, 2008, pursuant to a federal seizure warrant, and bears VIN 1FTNW21S74EC55057. The defendant vehicle is registered to Maria Kallas (collectively, the "defendant assets"). (See Dkt. No. 8, 10.)
No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired.
On June 1, 2010, Claimant Maria Kallas agreed to the forfeiture of her interest in the defendant assets and is no longer a party of interest in this case. (See Dkt. No. 26.)
Plaintiff United States of America and Claimant Constantine Peter Kallas ("Kallas") 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:
1. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties hereto.
2. The Complaint for Forfeiture in Rem states a claim for relief pursuant to 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C), and 984.
3. Notice of this action has been given in accordance with law. All potential claimants to the defendant assets other than Kallas 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.
4. $10,000.00 of the defendant assets, without interest, shall be returned to Kallas by either check or wire transfer. If the United States elects to make the payment by check, the check will be payable to "Constantine Peter Kallas," and mailed to attorney, Shawn R. Perez, Esq. If the United States elects to make the payment by wire transfer, the funds will be wire transferred to the bank account that Kallas and his attorney specify. Kallas and his attorney shall provide any and all information needed to process the return of these funds according to federal law. Said payment shall be subject to applicable federal law.
5. The United States of America shall have judgment as to the remaining $198,690.94 of the defendant bank account funds, $19,167.65 seized from TD Ameritrade, $177,500.00 in U.S. currency, Foreign Currency valued at $3,790.15, together with all interest earned by the government on those amounts of the defendant bank account funds and currency since seizure, and One 2004 Ford F-150, and no other person or entity shall have any right, title or interest therein.
6. Kallas has agreed to release the United States of America, its agencies, agents, and officers, including employees and agents of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of Kallas, whether pursuant to 28 U.S.C. § 2465 or otherwise. Nothing in this proposed consent judgment is intended as, nor should anything in this proposed consent judgment be interpreted as an admission by claimants of any liability or wrongdoing.
7. Each of the signatories to this Consent Judgment represents that he or she has the full power and authority (without further approvals or consents) to enter into this Consent Judgment and perform the obligations set forth herein.
8. This Consent Judgment may be signed in counterparts and shall be deemed to have been equally drafted by the parties hereto.
9. The Court finds that there was reasonable cause for the seizure of the defendant assets and institution of the proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
