MARILYN HUFF, District Judge
The United States of America, by and through its attorneys, Carol C. Lam, United States Attorney, and Garry G. Haehnle, Special Assistant U.S. Attorney, and the claimant, Sharyn Perryman, and her attorney of record, Richard M. Barnett, stipulate as follows:
1. The parties have entered into this stipulation in order to resolve the matter of the seizure and forfeiture of the defendant.
2. The United States Department of Justice has accepted the offer in settlement which is hereinafter described in its particulars.
3. Claimant Sharyn Perryman, through her attorney Richard M. Barnett, agrees the defendant currency, $12,340.00, is forfeitable pursuant to 21 U.S.C. 881(a) (6).
4. One thousand dollars ($1000.00), plus interest, shall be returned to the claimant through her attorney, Richard M. Barnett.
5. The costs incurred by the Drug Enforcement Administration and the United States Marshals Service, which were incident to the seizure of the defendant currency shall be borne by the United States and shall be deducted from the remaining $11,340.00 defendant currency. The remainder of the defendant currency, once costs are deducted, shall be condemned and forfeited to the United States.
6. The person or persons who made the arrests, searches, and seizures, the United States and the prosecutor shall not be liable to suit or judgment on account of such actions in accordance with Title 28, United States Code, Section 2465. Sharyn Perryman agrees that by entering into this stipulation, she has not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party, the United States Attorney's office and the claimant, shall bear their own costs and expenses, including attorney fees.
7. The claimant, her agents, employees, or assigns, holds and saves harmless the United States of America, its agents and employees, from any and all claims which might result from the seizure of the above-described defendant.
8. The claimant knowingly and voluntarily waives any and all constitutional claims and defenses to the forfeiture of the defendant currency including, but not limited to, the Eighth Amendment protection against excessive fines.
ORDER
Having reviewed the foregoing Stipulation and good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED and DECREED:
The Stipulation is approved;
1. That the United States Department of Justice has accepted the offer in settlement which is hereinafter described in its particulars.
2. The defendant currency, $12,340.00, is forfeitable pursuant to 21 U.S.C. 881(a) (6).
3. One thousand dollars ($1,000.00), plus interest, shall be returned to the claimant through her attorney, Richard M. Barnett.
4. The costs incurred by the Drug Enforcement Administration and the United States Marshals Service shall be borne by the United States and shall be deducted from the remaining defendant currency, $11,340.00. The remainder of the defendant currency, once costs are deducted, shall be condemned and forfeited to the United States.
5. The person or persons who made the arrests, searches, and seizures, the United States and the prosecutor shall not be liable to suit or judgment on account of such actions in accordance with Title 28, United States Code, Section 2465. Sharyn Perryman agrees that by entering into this stipulation, she has not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party, the United States Attorney's office and the claimant, shall bear their own costs and expenses, including attorney fees.
6. The claimant, her agents, employees, or assigns, shall hold and save harmless the United States of America, its agents and employees, from any and all claims which might result from the seizure of the above-described defendant.
7. The claimant knowingly and voluntarily has waived any and all constitutional claims and defenses to the forfeiture of the defendant currency including, but not limited to, the Eighth Amendment protection against excessive fines.
8. This case is hereby ordered closed. Let judgment be entered accordingly.