Opinion
ANDRÉ BIROTTE JR., United States Attorney, ROBERT E. DUGDALE, Assistant United States Attorney Chief, Criminal Division, STEVEN R. WELK, Assistant United States Attorney Chief, Asset Forfeiture Section, JONATHAN GALATZAN, Assistant United States Attorney Asset Forfeiture Section, California Bar No. 190414 Los Angeles, California, Attorneys for Plaintiff United States of America.
CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANTS PETER GIRGIS AND PATRICK GIRGIS ONLY
FERNANDO M. OLGUIN, District Judge.
Plaintiff and Claimants Peter Girgis and Patrick Girgis ("Claimants") have made a stipulated request for the entry of this Consent Judgment, resolving the claims of Claimants in this action in their entirety.
Claimants filed timely claims to the following defendant assets:
1. $22,755.00 in U.S. currency;
2. One 2008 Mercedes Benz C300; and
3. One 2007 Lexus GS350.
Claimants did not file claims to any of the defendant assets other than those listed, and no other claimants have filed claims to the defendant assets listed above. The time for filing claims and answers has expired. No other person is believed to have any claim to the defendant assets.
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 Supplemental Rule G for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. No claims or answers have been filed to contest the forfeiture of the listed defendant assets other than that filed by Claimants, and the time for filing claims and answers has expired. This Court has jurisdiction over the parties to this judgment and the defendant assets described herein. Any potential claimants to the defendant assets described herein other than Claimants are deemed to have admitted the allegations of the Complaint with respect to these assets.
2. The following defendant assets shall be returned to Claimants through their counsel: One 2008 Mercedes Benz C300 and One 2007 Lexus GS350. The United States Marshals Service ("USMS") shall release said assets within 45 days of the entry of this judgment.
3. The government shall have judgment against the interests of Claimants (and any potential claimants) as to the remaining listed defendant asset, to wit: $22,755.00 in U.S. Currency. Said asset is hereby forfeited and condemned to the United States, and no other right, title, or interest shall exist therein. The government shall dispose of the forfeited asset according to law.
4. Claimants have agreed to release the United States of America, its agencies, agents, and officers, including employees and agents of the 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 assets and/or the commencement of this civil forfeiture action, including, without limitation, any claim for attorneys' fees or costs which may be asserted on behalf of Claimants against the United States, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5. The court finds that there was reasonable cause for the seizure of the defendant 2008 Mercedes Benz C300, defendant 2007 Lexus GS350 and defendant $22,755.00 in U.S. Currency and the institution of this action as to those defendant assets. This judgment constitutes a certificate of reasonable cause pursuant to 28 U.S.C. § 2465 as to those defendant assets.
6. Each of the parties shall bear its own fees and costs in connection with the seizure, retention and return of the defendant assets.