You're viewing Docket Item 6 from the case United States of America v. Approximately $30,000.00 seized from Wells Fargo Bank savings account number 6760837085. View the full docket and case details.

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Case 2:13-mc-00035-KJM-AC Document 6 Filed 07/11/13 Page 1 of 4







BENJAMIN B. WAGNER

United States Attorney
KEVIN C. KHASIGIAN

Assistant U. S. Attorney
501 I Street, Suite 10-100

Sacramento, CA 95814
Telephone: (916) 554-2700


Attorneys for the United States






IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA





Plaintiff,


v.








Defendant.


2:13-MC-00035-KJM-AC

CONSENT JUDGMENT OF
FORFEITURE




UNITED STATES OF AMERICA,





APPROXIMATELY $30,000.00 SEIZED
FROM WELLS FARGO BANK SAVINGS
ACCOUNT NUMBER 6760837085, HELD IN
THE NAME OF JUAN VALDES,







Federal seizure warrant at Wells Fargo Bank located at 400 Capitol Mall, Sacramento,
California. The agents seized Approximately $30,000.00 from Wells Fargo Bank savings
account number 6760837085 (hereafter “defendant funds”), held in the name of Juan
Valdes. The IRS then commenced administrative forfeiture proceedings, sending written
notice to all known potential claimants and publishing legal notice to all others. On
January 3, 2013, the IRS received a claim from Juan Valdes asserting an ownership
interest in the defendant funds. The IRS received no other claims.


Pursuant to the Stipulation for Consent Judgment of Forfeiture, the Court finds:
1.

On November 6, 2012, the Internal Revenue Service (“IRS”) executed a

2.

The United States represents that it could show at a forfeiture trial that



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Consent Judgment of Forfeiture

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Case 2:13-mc-00035-KJM-AC Document 6 Filed 07/11/13 Page 2 of 4







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The United States represents that it could further show at a forfeiture trial

between August 1, 2012 and August 13, 2012, in the Eastern District of California,
structured transactions were made by breaking up currency deposits at or below
$10,000.00 to evade the currency transaction requirement in violation of 31 U.S.C. §
5324(a)(3). In particular, and as specified in greater detail in the affidavit in support of
seizure warrant 2:12-SW-00719-GGH, between August 1, 2012 and August 13, 2012 at
least $30,000.00 in currency was structured into Wells Fargo Bank savings account
number 6760837085, held in the name of Juan Valdes.

that the defendant funds are forfeitable to the United States pursuant to 31 U.S.C. §
5317(c)(2) (incorporating the procedures governing civil forfeitures in money laundering
cases pursuant to 18 U.S.C. § 981(a)(1)(A) and 18 U.S.C. § 984).

4. Without admitting the truth of the factual representations contained above,
Juan Valdes specifically denying the same, and for the purpose of reaching an amicable
resolution and compromise of this matter, Juan Valdes agrees it is possible that the
United States could prove that an adequate factual basis exists to support forfeiture of
the defendant funds. Juan Valdes acknowledges that he is the sole owner of the
defendant funds, and that no other person or entity has any legitimate claim of interest
therein. Should any person or entity institute any kind of claim or action against the
government with regard to its forfeiture of the defendant funds, Juan Valdes shall hold
harmless and indemnify the United States, as set forth below.
This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and

1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture
occurred.

6.
district in which the defendant funds were seized.

duly executed Stipulation for Consent Judgment of Forfeiture.


This Court has venue pursuant to 28 U.S.C. § 1395, as this is the judicial

The parties herein desire to settle this matter pursuant to the terms of a

Based upon the above findings, and the files and records of the Court, it is hereby
Consent Judgment of Forfeiture

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3.

5.

7.

Case 2:13-mc-00035-KJM-AC Document 6 Filed 07/11/13 Page 3 of 4







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8.

9.

The Court adopts the Stipulation for Consent Judgment of Forfeiture

Upon entry of this Consent Judgment of Forfeiture, $22,500.00 of the

10. Upon entry of this Consent Judgment of Forfeiture, but no later than 60

ORDERED AND ADJUDGED:

entered into by and between the parties.

$30,000.00 seized from Wells Fargo Bank savings account number 6760837085, together
with any interest that may have accrued on the total amount seized, shall be forfeited to
the United States pursuant to 31 U.S.C. § 5317(c)(2), 18 U.S.C. § 981(a)(1)(A) and 18
U.S.C. § 984, to be disposed of according to law.

days thereafter, $7,500.00 of the $30,000.00 seized from Wells Fargo Bank savings
account number 6760837085 shall be returned to potential claimant Juan Valdes through
attorney Mark A. Pruner.
11. The United States of America and its servants, agents, and employees and

all other public entities, their servants, agents and employees, are released from any and
all liability arising out of or in any way connected with the seizure or forfeiture of the
defendant funds. This is a full and final release applying to all unknown and
unanticipated injuries, and/or damages arising out of said seizure or forfeiture, as well as
to those now known or disclosed. The parties waived the provisions of California Civil
Code § 1542.

the Court finds that there was reasonable cause for the seizure of the defendant funds
and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered
accordingly.

admissions made therein, shall be admissible in any criminal action pursuant to Rules
///
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///

12. Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein,

13. No portion of the stipulated settlement, including statements and/or



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Consent Judgment of Forfeiture

Case 2:13-mc-00035-KJM-AC Document 6 Filed 07/11/13 Page 4 of 4







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14. All parties will bear their own costs and attorney’s fees.
IT IS SO ORDERED.

408 and 410(a)(4) of the Federal Rules of Evidence, without any of the enumerated
exceptions.



DATED: July 10, 2013























CERTIFICATE OF REASONABLE CAUSE

Pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, the


Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that
there was reasonable cause for the seizure of the above-described defendant funds.
DATED: July 10, 2013



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Consent Judgment of Forfeiture