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U.S. v. $31,361.00 IN UNITED STATES CURRENCY, CV 15-03733-TJH (AJWx). (2016)

Court: District Court, C.D. California Number: infdco20160205692 Visitors: 4
Filed: Feb. 01, 2016
Latest Update: Feb. 01, 2016
Summary: CONSENT JUDGMENT TERRY J. HATTER, Jr. , District Judge . Plaintiff United States of America and Claimant Martinez Arnold have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all interests claimant Martinez Arnold, may have had in the defendant, $31,361.00 in United States Currency ("defendant currency"). The civil forfeiture action captioned above was commenced on May 18, 2015. Claimant Martinez Arnold, ("Claimant") filed a Claim for the def
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CONSENT JUDGMENT

Plaintiff United States of America and Claimant Martinez Arnold have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all interests claimant Martinez Arnold, may have had in the defendant, $31,361.00 in United States Currency ("defendant currency").

The civil forfeiture action captioned above was commenced on May 18, 2015. Claimant Martinez Arnold, ("Claimant") filed a Claim for the defendant currency on June 9, 2015. No other claims or answers were filed, and time for filing claims and answers has expired. On January 21, 2016, a default judgment was entered against the interests of potential claimant Eric Lindel Bivens in the defendant currency.

Plaintiff and Claimant have entered into a stipulated request for the entry of this consent judgment of forfeiture resolving all claims concerning the defendant $31,361.00 in United States Currency (CATS Nos. 12-DEA-569597 and 12-DEA-569598).

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 $13,361.00 plus all interest on the entirety of the defendant currency since seizure will be forfeited to the United States of America and $18,000.00 of the defendant currency will be returned to Claimant Arnold, no interest actual or implied shall be paid on the funds to be returned to Claimant. The $18,000.00 shall be returned to the Claimant through his counsel Philip Kent Cohen by wire transfer to a bank account designated by Claimant's counsel.

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.

Source:  Leagle

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