Filed: Jan. 27, 2016
Latest Update: Jan. 27, 2016
Summary: CONSENT JUDGMENT JAMES V. SELNA , District Judge . The civil forfeiture action captioned above was commenced on September 24, 2015. No claims or answers were filed, and time for filing claims and answers has expired. Plaintiff and Nhu Thi Huynh Nguyen ("Nguyen") have made a stipulated request for the entry of this consent judgment of forfeiture resolving all claims concerning the defendant $22,272.00 in U.S. currency ("defendant currency") (Asset ID No. 15-DEA-611341 and 15-DEA-611354). T
Summary: CONSENT JUDGMENT JAMES V. SELNA , District Judge . The civil forfeiture action captioned above was commenced on September 24, 2015. No claims or answers were filed, and time for filing claims and answers has expired. Plaintiff and Nhu Thi Huynh Nguyen ("Nguyen") have made a stipulated request for the entry of this consent judgment of forfeiture resolving all claims concerning the defendant $22,272.00 in U.S. currency ("defendant currency") (Asset ID No. 15-DEA-611341 and 15-DEA-611354). Th..
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CONSENT JUDGMENT
JAMES V. SELNA, District Judge.
The civil forfeiture action captioned above was commenced on September 24, 2015. No claims or answers were filed, and time for filing claims and answers has expired.
Plaintiff and Nhu Thi Huynh Nguyen ("Nguyen") have made a stipulated request for the entry of this consent judgment of forfeiture resolving all claims concerning the defendant $22,272.00 in U.S. currency ("defendant currency") (Asset ID No. 15-DEA-611341 and 15-DEA-611354).
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 sixty percent of the seized currency, $13,363.20 of the defendant currency, plus all interest earned by the government on the full amount of the defendant currency since seizure will be forfeited to the United States of America, and no other person or entity shall have any right, title or interest therein. The remaining forty percent of the defendant currency, $8,908.80 of the defendant currency, without any interest earned by the government on that amount, shall be returned to Nguyen. The funds are to be made payable via ACH deposit to the Nguyen's attorney Robert W. Biddle, 120 East Baltimore Street, Suite 1800, Baltimore, Maryland 21202.
Claimant has agreed to release the United States of America, its agencies, agents, and officers, including employees and agents of Drug Enforcement Administration ("DEA"), from any and all claims, actions or liabilities arising out of or related to the seizure and retention of the defendant currency and/or this civil forfeiture action, including, without limitation, any claim for attorneys' fees, costs or interest which may be asserted on behalf of Claimant against the United States, whether pursuant to 28 U.S.C. § 2465 or otherwise.
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 asset.
