United States of America v. Approximately $693,522.14 In Funds From Account #544-7-48893 Held In The Name of Emirates NBD At JPMorgan Chase Bank

Filing 41

ORDER by Judge Samuel Conti granting 29 Motion for Summary Judgment (sclc1, COURT STAFF) (Filed on 4/13/2011)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 UNITED STATES OF AMERICA, 8 9 Plaintiff, v. United States District Court For the Northern District of California 10 13 APPROXIMATELY $693,522.14 IN FUNDS FROM ACCOUNT ENDING IN 8892 HELD IN THE NAME OF EMIRATES NBD AT JPMORGAN CHASE BANK, 14 Defendant. 11 12 15 16 FIRST REPUBLIC BANK, and EMIRATES NBD BANK, 17 Claimants. 18 ) Case No. 10-3374 SC ) ) ORDER GRANTING PLAINTIFF'S ) MOTION FOR SUMMARY JUDGMENT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 19 20 Plaintiff United States of America ("Plaintiff") commenced 21 this in rem action, seeking forfeiture under 18 U.S.C. 22 § 981(a)(1)(C) and (k) of $693,522.14 held in the name of Emirates 23 NBD at JPMorgan Chase Bank. 24 a Motion for Summary Judgment, ECF No. 29 ("Mot."), and Claimants 25 First Republic Bank ("First Republic") and Emirates NBD Bank 26 ("Emirates Bank") (collectively, "Claimants") filed Statements of 27 Non-Opposition. 28 deferred ruling on the Motion out of concern that Claimants' non- ECF No. 1 ("Compl."). ECF Nos. 35, 36. Plaintiff filed On March 15, 2011, the Court 1 opposition was predicated on the Court issuing a detailed order, 2 and the Court gave Claimants ten days to register their unqualified 3 non-opposition to Plaintiff's Motion for Summary Judgment. 4 38. 5 Statements of Non-Opposition. 6 ECF No. First Republic and Emirates Bank have since filed unambiguous ECF Nos. 39, 40. Accordingly, the Court GRANTS Plaintiff United States' Motion. 7 The Court finds, as a matter of law, that Plaintiff is entitled to 8 summary judgment forfeiting defendant $693,522.14 to the United 9 States, pursuant to 18 U.S.C. §§ 981(a)(1)(C) and (k). United States District Court For the Northern District of California 10 The Court will enter a separate judgment. 11 12 IT IS SO ORDERED. 13 14 15 Dated: April 13, 2011 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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