United States of America v. Approximately $63,176.00 in U.S. Currency

Filing 22

CONSENT JUDGMENT OF FORFEITURE signed by Chief Judge Morrison C. England, Jr on 11/16/15. CASE CLOSED(Becknal, R)

1
2
3
4
5

BENJAMIN B. WAGNER
United States Attorney
MARILEE L. MILLER
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Attorneys for the United States

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,
Plaintiff,

12
v.

13
14
15

2:14-mc-00087-MCE-EFB
CONSENT JUDGMENT OF
FORFEITURE

APPROXIMATELY $63,176.00 IN U.S.
CURRENCY,
Defendant.

16
17

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

18

1.

On January 15, 2014, agents with the Drug Enforcement Administration

19 (“DEA”) contacted Lian Chao Xiong (“Xiong”), at the Sacramento International Airport in
20 Sacramento, California. Approximately $63,176.00 in U.S. Currency (“defendant
21 currency”) was seized from Xiong during this encounter.
22

2.

The DEA commenced administrative forfeiture proceedings, sending direct

23 written notice to all known potential claimants and publishing notice to all others. On or
24 about March 18, 2014, the DEA received a claim from Xiong asserting an ownership
25 interest in the defendant currency.
26

3.

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

27 January 15, 2014, agents with the DEA received information regarding suspicious travel
28 by Xiong, including the timing and manner of his ticket purchase. Law enforcement
1
Consent Judgment of Forfeiture
29

1 agents responded to the terminal and observed Xiong exit the flight and enter the
2 transportation tram. The agents followed Xiong and made contact with him in the
3 terminal. The deputies requested Xiong’s permission to search his carry-on luggage.
4 Xiong consented. Inside the carry-on luggage, deputies located a substantial amount of
5 cash inside a manila envelope. The deputies escorted Xiong to an office in the airport,
6 where DEA agents were waiting.
7

4.

The United States could further show at a forfeiture trial that once inside

8 the room, law enforcement agents performed a search of Xiong’s person and discovered
9 stacks of cash in several of Xiong’s pockets. Most of the stacks on Xiong’s person were
10 rubber banded in $1,000.00 increments. When asked, Xiong said he was carrying
11 $20,000.00 but then changed his answer to $60,000.00. He said his brother-in-law had
12 given him the money for the purchase of a house in Sacramento, but when asked to
13 produce information about the house or real estate agent, he was unable to do so. A drug
14 detection dog alerted to the smell of narcotics emanating from the defendant currency.
15

5.

The United States could further show at a forfeiture trial that Xiong has a criminal

16 history that includes an arrest in 2013. The arrest came after DEA agents executed a search warrant on
17 a crate Xiong had shipped from Sacramento, California to North Reading, Massachusetts. The crate
18 contained sixty (60) pounds of marijuana and led to the arrest of Xiong and the seizure of various
19 assets, including $19,600.00 in U.S. currency. The arrest and seizure came after a DEA investigation
20 that revealed that individuals, including Xiong, were trafficking large amounts of marijuana from
21 California to Massachusetts and Pennsylvania and transporting large amounts of cash back to the west
22 coast, specifically Northern California.
23

6.

The United States could further show at a forfeiture trial that the

24 defendant currency is forfeitable to the United States pursuant to 21 U.S.C. § 881(a)(6).
25

7.

Without admitting the truth of the factual assertions contained in the

26 stipulation, claimant specifically denying the same, and for the purpose of reaching an
27 amicable resolution and compromise of this matter, claimant agrees that an adequate
28 factual basis exists to support forfeiture of the defendant currency. Xiong hereby
2
Consent Judgment of Forfeiture
29

1 acknowledges that he is the sole owner of the defendant currency, and that no other
2 person or entity has any legitimate claim of interest therein. Should any person or
3 entity institute any kind of claim or action against the government with regard to its
4 forfeiture of the defendant currency, claimant shall hold harmless and indemnify the
5 United States, as set forth below.
6

8.

This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345

7 and 1355, as this is the judicial district in which acts or omissions giving rise to the
8 forfeiture occurred.
9

9.

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

10 district in which the defendant currency was seized.
11

10.

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

12 duly executed Stipulation for Consent Judgment of Forfeiture.
13

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

14 ORDERED AND ADJUDGED:
15

1.

The Court adopts the Stipulation for Consent Judgment of Forfeiture

16 entered into by and between the parties.
17

2.

Upon entry of this Consent Judgment of Forfeiture, $36,010.00 of the

18 Approximately $63,176.00 in U.S. Currency, together with any interest that may have
19 accrued on the total amount seized, shall be forfeited to the United States pursuant to 21
20 U.S.C. § 881(a)(6), to be disposed of according to law.
21

3.

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

22 days thereafter, $27,166.00 of the Approximately $63,176.00.00 in U.S. Currency shall
23 be returned to claimant Lian Chao Xiong through his attorney Suzan Yee.
24

4.

The United States of America and its servants, agents, and employees and

25 all other public entities, their servants, agents and employees, are released from any and
26 all liability arising out of or in any way connected with the seizure or forfeiture of the
27 defendant currency. This is a full and final release applying to all unknown and
28 unanticipated injuries, and/or damages arising out of said seizure or forfeiture, as well
3
Consent Judgment of Forfeiture
29

1 as to those now known or disclosed. Claimants waived the provisions of California Civil
2 Code § 1542.
3

5.

No portion of the stipulated settlement, including statements or admissions

4 made therein, shall be admissible in any criminal action pursuant to Rules 408 and
5 410(a)(4) of the Federal Rules of Evidence.
6

6.

All parties will bear their own costs and attorney’s fees.

7

7.

Pursuant to the Stipulation for Consent Judgment of Forfeiture filed

8 herein, the Court enters a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465,
9 that there was reasonable cause for the seizure of the above-described defendant
10 currency.
11

IT IS SO ORDERED

12 Dated: November 16, 2015
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29

4

Consent Judgment of Forfeiture