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 Cl aimants 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 UNITED STATES OF AMERICA, 13 Plaintiff, 14 vs. 16 ANY AND ALL FUNDS SEIZED FROM VARIOUS ACCOUNTS AT BANK OF AMERICA, N.A., 17 Defendant. 15 No. CV 22-00826-RGK-AS [PROPOSED] PARTIAL CONSENT JUDGMENT OF FORFEITURE [559] [Not Dispositive of This Action] 18 19 20 21 SICHONG WANG AND FENGXIANG GUO, Claimants. 22 23 Plaintiff United States of America (“the government”) and 24 Claimants Sichong Wang and Fengxiang Guo (“Claimants”) have made a 25 stipulated request for the entry of this Partial Consent Judgment, 26 which is not dispositive of this action. 27 28 The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES: 1 1. Notice has been given and published regarding the Defendant 2 Funds as required by law and the Local Rules of this Court. No other 3 claims or answers were filed as to the Defendant Funds identified in 4 Schedule A, and the time for filing such claims has expired. 5 2. On or about March 9, 2022, Claimant Sichong Wang filed 6 timely claims for certain of the Defendant Funds, as identified in 7 Schedule A. 8 3. On September 2, 2022, Claimant Fengxiang Guo filed a claim. 9 4. On September 8, 2022, the Court ordered the claim and 10 notice of interested parties to be stricken for failure to comply 11 with the Court’s Local Rules, General Orders, and/or Case Management 12 Order. 13 5. The partial consent judgment provides that certain of the 14 Defendant Funds identified in Schedule A, without interest, shall be 15 returned to Claimants as specified in Schedule A (hereinafter, the 16 “Returned Funds”). 17 6. The government shall have judgment as to the portion of the 18 Defendant Funds specified in Schedule A, together with all interest 19 earned on the entire amount of such Defendant Funds since seizure, 20 and no other person or entity shall have any right, title or interest 21 therein. 22 7. If the government elects to make the payment of the 23 Returned Funds by check, the check shall be payable to Claimant 24 Sichong Wang. If the government elects to make the payment by wire 25 transfer, the funds shall be wire transferred to an account 26 designated by Claimant Sichong Wang. Upon request from the 27 government, Claimant Sichong Wang shall provide any necessary bank 28 account information to complete the transfer. 2 1 8. If the government elects to make the payment of the 2 Returned Funds for Claimant Fengxiang Guo by check, the check shall 3 be payable to the Client Trust account of the Law Offices of James 4 Zhou (the “Zhou Client Trust Account”), and mailed to Claimant 5 Fengxiang Guo in care of his attorney, James Zhou. If the government 6 elects to make the payment by wire transfer, the funds shall be wire 7 transferred to the Zhou Client Trust Account. Upon request from the 8 government, Claimant Fengxiang Guo, through his counsel, shall 9 provide the necessary bank account information to complete the 10 transfer. 11 9. Claimants, and each of them, release the United States of 12 America, its attorneys, agencies, agents, and officers, including 13 employees and agents of the United States Department of Justice, 14 Department of State, and Department of Homeland Security, from any 15 and all claims, actions or liabilities arising out of or related to 16 the seizure and retention of the Defendant Funds and the commencement 17 of this action as it relates to the Defendant Funds, including any 18 claim for attorneys’ fees or costs which may be asserted on behalf of 19 Claimants, or either of them, against the United States, whether 20 pursuant to 28 U.S.C. § 2465 or otherwise. 21 rights they may have to seek remission or mitigation of the 22 forfeiture. 23 24 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. 25 11. This judgment shall be construed as a certificate of 26 reasonable cause pursuant to 28 U.S.C. § 2465. 27 // 28 // 3 1 12. Each of the Parties shall bear its own fees and costs in 2 connection with the seizure, retention and efforts to forfeit the 3 Defendant Funds. 4 IT IS SO ORDERED. 5 6 15 Dated: September __________, 2022 7 HON R. HON. R GARY KLAUSNER KLA UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 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 18 19 20 21 22 23 24 25 26 27 28 4 1 Schedule A 2 Account 3 X60026 Sichong Wang $200,067.00 $134,044.89 $66,022.11 4 X43908 Fengxiang $63,917.90 $42,824.99 $21,092.91 5 Claimant Seized Returned Guo 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Forfeited

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