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United States of America v. Approximately $5,000.00 in U.S. Currency Doc.

Case 2:07-mc-00121-DLJ-GGH Document 2 Filed 10/30/2007 Page 1 of 4

1 McGREGOR W. SCOTT
United States Attorney
2 BENJAMIN B. WAGNER
Assistant U.S. Attorney
3 501 "I" Street, Suite 10-100
Sacramento, California 95814
4 Telephone: (916) 554-2745
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8 IN THE UNITED STATES DISTRICT COURT FOR THE
9 EASTERN DISTRICT OF CALIFORNIA
10
11 UNITED STATES OF AMERICA, ) 2:07-MC-00121-DLJ-GGH
)
12 Plaintiff, ) CONSENT JUDGMENT
) OF FORFEITURE
13 v. )
)
14 APPROXIMATELY $5,000.00 IN U.S. )
CURRENCY, )
15 )
Defendant. )
16 ___________________________________)
)
17 CHAO LEE, )
)
18 Potential Claimant. )
___________________________________)
19
20 Pursuant to the Stipulation for Consent Judgment of
21 Forfeiture, the Court finds:
22 1. On August 24, 2006, Chao Lee was indicted pursuant to 18
23 U.S.C. § 1955(a). A Superseding Indictment was filed December 14,
24 2006, charging Chao Lee with a violation of 18 U.S.C. § 1955(a).
25 2. Throughout 2006, prior to the execution of the search
26 warrant on August 16, 2006, Chao Lee assisted Prasert Somsinsawasdi
27 in the operation of an illegal gambling business that operated in
28 violation of California law, and which involved more than five

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Case 2:07-mc-00121-DLJ-GGH Document 2 Filed 10/30/2007 Page 2 of 4

1 participants who conducted, managed and directed the business. The


2 illegal gambling business was in operation for more than 30
3 continuous days before August 16, 2006. Chao Lee assisted in the
4 operation of the illegal gambling business by taking illegal bets
5 from numerous bettors on a daily basis in his home at 3833
6 Sparrowood Way in Sacramento. Bettors placed their bets by
7 providing U.S. currency. Prasert Somsinsawasdi delivered betting
8 tally sheets to, and picked up cash from, the Sparrowood Way
9 residence on a weekly basis.
10 3. Pursuant to his arrangement with Prasert Somsinsawasdi to
11 assist the illegal gambling business, Chao Lee received a 5%
12 commission on the gross value of bets placed at his residence.
13 Such commissions were paid in U.S. currency and were Chao Lee’s
14 primary income during the months preceding August 16, 2006. During
15 the execution of a search warrant at the Sparrowood Way residence
16 on August 16, 2006, agents seized approximately $5,000 in U.S.
17 currency (“defendant currency”).
18 4. Chao Lee acknowledges that he is the sole owner of the
19 defendant currency and that no other person or entity has any
20 legitimate claim of interest therein. Should any person or entity
21 institute any kind of claim or action against the government with
22 regard to its forfeiture of the defendant currency, Chao Lee shall
23 hold harmless and indemnify the United States, as set forth below.
24 5. This Court has jurisdiction in this matter pursuant to 28
25 U.S.C. §§ 1345 and 1355, as this is the judicial district in which
26 acts or omissions giving rise to the forfeiture occurred.
27 6. This Court has venue pursuant to 28 U.S.C. § 1395, as this
28 is the judicial district in which the property was seized.

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Case 2:07-mc-00121-DLJ-GGH Document 2 Filed 10/30/2007 Page 3 of 4

1 7. The parties herein desire to settle this matter pursuant


2 to the terms of a duly executed Stipulation for Consent Judgment of
3 Forfeiture.
4 Based upon the above findings, and the files and records of
5 the Court, it is hereby ORDERED AND ADJUDGED:
6 8. The Court adopts the Stipulation for Consent Judgment of
7 Forfeiture entered into by and between the parties.
8 9. All right, title, and interest in the approximately
9 $5,000.00 in U.S. Currency seized on or about August 16, 2006,
10 shall be forfeited to the United States pursuant to 18 U.S.C. §
11 981(a)(1)(C), to be disposed of according to law.
12 10. Plaintiff United States of America and its servants,
13 agents, and employees and all other public entities, their
14 servants, agents and employees, are released from any and all
15 liability arising out of or in any way connected with the seizure
16 and/or forfeiture of the defendant currency. This is a full and
17 final release applying to all unknown and unanticipated injuries,
18 and/or damages arising out of said seizure and/or forfeiture, as
19 well as to those now known or disclosed. The parties to the
20 Stipulation filed herein have agreed to waive the provisions of
21 California Civil Code § 1542, which provides: "A general release
22 does not extend to claims which the creditor does not know or
23 suspect to exist in his favor at the time of executing the release,
24 which if known by him must have materially affected his settlement
25 with the debtor."
26 11. Pursuant to the Stipulation for Consent Judgment of
27 Forfeiture filed herein, the Court finds that there was reasonable
28 cause for the seizure of the defendant currency, and a Certificate

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Case 2:07-mc-00121-DLJ-GGH Document 2 Filed 10/30/2007 Page 4 of 4

1 of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered


2 accordingly.
3 12. All parties will bear their own costs and attorneys’
4 fees.
5 IT IS SO ORDERED.
6 DATED: October 29, 2007 /s/ D. Lowell Jensen
United States District Judge
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10 CERTIFICATE OR REASONABLE CAUSE
11 Pursuant to the Stipulation for Consent Judgment of Forfeiture
12 filed herein, the Court enters this Certificate of Reasonable Cause
13 pursuant to 28 U.S.C. § 2465, that there was reasonable cause for
14 the seizure of the above-described defendant currency.
15 DATED: October 29, 2007 /s/ D. Lowell Jensen
United States District Judge
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