United States of America v. Any and All Funds Seized from Various Accounts at Bank of America, N.A.

Filing 561

PARTIAL CONSENT JUDGMENT OF FORFEITURE #559 by Judge R. Gary Klausner. HEREBY ORDERS, ADJUDGES AND DECREES: The partial consent judgment provides that certain of the Defendant Funds identified in Schedule A, without interest, shall be returned to Claimants as specified in Schedule A (hereinafter, the "Returned Funds"). Each of the Parties shall bear its own fees and costs in connection with the seizure, retention and efforts to forfeit the Defendant Funds. (See Partial Consent Judgment for further specifics). (jp)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,

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vs.

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ANY AND ALL FUNDS SEIZED FROM
VARIOUS ACCOUNTS AT BANK OF
AMERICA, N.A.,

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Defendant.

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No. CV 22-00826-RGK-AS
[PROPOSED] PARTIAL CONSENT
JUDGMENT OF FORFEITURE [559]
[Not Dispositive of This Action]

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SICHONG WANG AND FENGXIANG
GUO,
Claimants.

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Plaintiff United States of America (“the government”) and

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Claimants Sichong Wang and Fengxiang Guo (“Claimants”) have made a

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stipulated request for the entry of this Partial Consent Judgment,

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which is not dispositive of this action.

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The Court, having considered the stipulation of the parties, and
good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES:

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1.

Notice has been given and published regarding the Defendant

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Funds as required by law and the Local Rules of this Court. No other

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claims or answers were filed as to the Defendant Funds identified in

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Schedule A, and the time for filing such claims has expired.

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2.

On or about March 9, 2022, Claimant Sichong Wang filed

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timely claims for certain of the Defendant Funds, as identified in

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Schedule A.

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3.

On September 2, 2022, Claimant Fengxiang Guo filed a claim.

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4.

On September 8, 2022, the Court ordered the claim and

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notice of interested parties to be stricken for failure to comply

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with the Court’s Local Rules, General Orders, and/or Case Management

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Order.

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5.

The partial consent judgment provides that certain of the

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Defendant Funds identified in Schedule A, without interest, shall be

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returned to Claimants as specified in Schedule A (hereinafter, the

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“Returned Funds”).

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6.

The government shall have judgment as to the portion of the

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Defendant Funds specified in Schedule A, together with all interest

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earned on the entire amount of such Defendant Funds since seizure,

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and no other person or entity shall have any right, title or interest

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therein.

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7.

If the government elects to make the payment of the

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Returned Funds by check, the check shall be payable to Claimant

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Sichong Wang. If the government elects to make the payment by wire

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transfer, the funds shall be wire transferred to an account

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designated by Claimant Sichong Wang. Upon request from the

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government, Claimant Sichong Wang shall provide any necessary bank

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account information to complete the transfer.

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8.

If the government elects to make the payment of the

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Returned Funds for Claimant Fengxiang Guo by check, the check shall

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be payable to the Client Trust account of the Law Offices of James

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Zhou (the “Zhou Client Trust Account”), and mailed to Claimant

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Fengxiang Guo in care of his attorney, James Zhou. If the government

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elects to make the payment by wire transfer, the funds shall be wire

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transferred to the Zhou Client Trust Account. Upon request from the

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government, Claimant Fengxiang Guo, through his counsel, shall

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provide the necessary bank account information to complete the

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transfer.

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9.

Claimants, and each of them, release the United States of

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America, its attorneys, agencies, agents, and officers, including

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employees and agents of the United States Department of Justice,

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Department of State, and Department of Homeland Security, from any

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and all claims, actions or liabilities arising out of or related to

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the seizure and retention of the Defendant Funds and the commencement

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of this action as it relates to the Defendant Funds, including any

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claim for attorneys’ fees or costs which may be asserted on behalf of

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Claimants, or either of them, against the United States, whether

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pursuant to 28 U.S.C. § 2465 or otherwise.

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rights they may have to seek remission or mitigation of the

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forfeiture.

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10.

Claimants have waived any

The Court finds that there was reasonable cause for the

seizure of the Defendant Funds and institution of this action.

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11.

This judgment shall be construed as a certificate of

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reasonable cause pursuant to 28 U.S.C. § 2465.

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//

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//

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12.

Each of the Parties shall bear its own fees and costs in

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connection with the seizure, retention and efforts to forfeit the

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Defendant Funds.

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IT IS SO ORDERED.

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Dated: September
__________,
2022

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HON R.
HON.
R GARY KLAUSNER
KLA
UNITED STATES DISTRICT JUDGE

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Presented by:
STEPHANIE S. CHRISTENSEN
Acting United States Attorney
SCOTT M. GARRINGER
Assistant United States Attorney
Chief, Criminal Division
JONATHAN GALATZAN
Assistant United States Attorney
Chief, Asset Forfeiture Section
/s/
DAN G. BOYLE
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA

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Schedule A

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Account

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X60026

Sichong Wang

$200,067.00

$134,044.89

$66,022.11

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X43908

Fengxiang

$63,917.90

$42,824.99

$21,092.91

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Claimant

Seized

Returned

Guo

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Forfeited