United States of America v. Currency $26,971

Filing 9

STIPULATED CONSENT JUDGMENT AND FINAL ORDER OF FORFEITURE Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Civil Case No. 14-13435
Plaintiff,
Honorable Victoria A. Roberts
vs.
TWENTY SIX THOUSAND NINE
HUNDRED SEVENTY ONE DOLLARS
($26,971.00) IN U.S. CURRENCY,
Defendant in Rem.
_________________________________/
STIPULATION AND AGREEMENT FOR ENTRY OF
CONSENT JUDGMENT AND FINAL ORDER OF FORFEITURE
Plaintiff, the United States of America (hereinafter the “United States”), by
and through its counsel, Barbara L. McQuade, United States Attorney for the
Eastern District of Michigan, and Philip A. Ross, Assistant United States Attorney,
and claimants, Shen Tai Yun Wu and Hsiao Jung Wu, individually, and by and
through their attorney, Daniel J. Blank, Esq., (the United States, Shen Tai Yun Wu
and Hsiao Jung Wu shall be referred to collectively as “the Parties”) enter into this
Stipulation and Agreement for Entry of Consent Judgment and Final Order of
Forfeiture as to Defendant Twenty Six Thousand Nine Hundred Seventy One

Dollars ($26,971.00) in U.S. Currency, (the “Defendant Currency”) under the terms
and conditions hereinafter set forth:
Agents with the United States Homeland Security, Customs and Border
Protection (“CBP”), and other law enforcement agencies seized the Defendant
Currency from Shen Tai Yun Wu at the Detroit Metropolitan Airport in Romulus,
Wayne County, Michigan on or about March 26, 2014;
Shen Tai Yun Wu and Hsiao Jung Wu filed administrative claims contesting
the forfeiture with the CBP, and thereafter, CBP referred the matter to the United
States Attorney’s Office for judicial forfeiture;
On September 4, 2014, the United States filed a civil judicial forfeiture
complaint against the Defendant Currency pursuant to 31 U.S.C. Section 5317(c)(2)
(Docket #1) (the “Complaint”);
The United States filed its Declaration of Publication of the civil judicial
forfeiture action on or about March 17, 2015 (Docket #8);
Claimants Shen Tai Yun Wu and Hsiao Jung Wu filed their Claim(s) of
Ownership on October 17, 2014 (Docket #’s 4 and 5) and on November 10, 2014
claimants Shen Tai Yun Wu and Hsiao Jung Wu filed an Answer to the Complaint
for Forfeiture (Docket #6 );

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No other verified claims of interest have been filed by any party in the civil
judicial forfeiture action, and the time for filing such claims has expired;
Claimants Shen Tai Yun Wu and Hsiao Jung Wu agree to withdraw their
respective claims filed in this matter;
The Parties are aware of their respective rights and wish to resolve this action
without further litigation and expense;
NOW, THEREFORE, the Parties hereby stipulate and agree as follows:
1.

This action is an in rem civil forfeiture action brought pursuant to 31

U.S.C. Section 5317(c)(2).
2.

The Court has jurisdiction and venue over this action pursuant to 28

U.S.C. Sections 1345, 1355(b)(1)(A), 1391(b)(2), and 1395(b).
3.

The allegations of the Complaint are well taken and the United States

and its agents had reasonable cause to seize the Defendant Currency, as provided in
28 U.S.C. Section 2465. The position of the United States and its agents and
employees in this action was and remains substantially justified as set forth in 28
U.S.C. Section 2412. Claimants Shen Tai Yun Wu and Hsiao Jung Wu shall not
claim or seek attorneys’ fees and costs in connection with this action and knowingly
and voluntarily waives any and all claims they may have for attorneys’ fees and
costs, whether under the Civil Asset Forfeiture Reform Act of 2000, the Equal
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Access to Justice Act, or any other statute, rule or regulation.
4.

The Parties stipulate and agree that the following shall be

FORFEITED to the United States pursuant to 31 U.S.C. Section 5317(c)(2): Six
Thousand Nine Hundred Seventy One Dollars ($6,971.00) of the Defendant
Currency seized on or about March 26, 2014, plus any interest accrued since the
seizure date on the total amount of Defendant Currency (hereinafter, the “Forfeited
Currency”). Any right, title or ownership interest of claimants Shen Tai Yun Wu
and Hsiao Jung Wu and their agents, successors, assigns, and any right, title or
ownership interest of all other persons, in the Forfeited Currency is hereby and
forever EXTINGUISHED and clear title and all interest in the Forfeited Currency
shall VEST in the United States, and CBP, or its delegate, is AUTHORIZED to
dispose of the Forfeited Currency according to law.
5.

Pursuant to this Stipulation and Agreement, claimants Shen Tai Yun

Wu and Hsiao Jung Wu agree to WITHDRAW any and all claims they have made
for the Defendant Currency, including any administrative claims of interest and
petitions for remission or mitigation filed with CBP.
6.

The Parties stipulate and agree that the following shall be

RETURNED to the claimants Shen Tai Yun Wu and Hsiao Jung Wu: Twenty
Thousand Dollars ($20,000.00) of the Defendant Currency seized on or about March
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26, 2014. The United States agrees to release this amount, $20,000.00, to the
claimants, Shen Tai Yun Wu and Hsiao Jung Wu, less any debt owed to the United
States, any agency of the United States, or any other debt which the United States is
authorized to collect from the claimants Shen Tai Yun Wu and Hsiao Jung Wu,
including but not limited to, any debts that the United States may collect through the
Treasury Offset Program (the “Returnable Amount”). Following entry of this
Stipulation and Agreement by the Court, and after the claimants’ attorney has
supplied the United States with claimants’ social security numbers, EIN numbers
and the Automated Clearing House (“ACH”) information for electronic deposit of
the Returnable Amount, the United States Department of Treasury, or its delegate,
shall disburse the Returnable Amount to the claimants Shen Tai Yun Wu and Hsiao
Jung Wu through the Electronic Payment System (“EPS”) by electronic deposit into
the claimants attorney’s IOLTA account.
7.

Upon signing below, claimants Shen Tai Yun Wu and Hsiao Jung Wu

agree to unconditionally release, remise and forever discharge the United States, and
its agencies, agents, officers, and employees, past and present, and all other persons,
including but not limited to, agents and employees of CBP, the United States
Attorney’s Office, any individual local law enforcement officers, departments or
agencies, and any other persons who participated in or assisted in any aspect of this
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action and underlying investigation, from any and all actions, claims, causes of
action, suits, proceedings, debts, dues, contracts, judgments, damages, and/or
demands in law or equity, which the claimants Shen Tai Yun Wu and Hsiao Jung
Wu, and/or their assignees, agents, officers, employees, heirs, or successors in
interest had, now has or may have against the United States and its agencies, agents,
officers, employees, past and present, and other persons involved in the seizure or
forfeiture of the Defendant Currency, for, or on account of, the incidents or
circumstances giving rise to any aspect of the seizure, investigation, or forfeiture
proceedings.
8.

The Parties agree that this Stipulation and Agreement applies

exclusively to the asset forfeiture matters arising from the seizure of the Defendant
Currency, and in no manner immunizes the claimants Shen Tai Yun Wu and Hsiao
Jung Wu from criminal prosecution for any illegal conduct associated with the
Defendant Currency.
9.

By signing this Stipulation and Agreement, the claimants Shen Tai Yun

Wu and Hsiao Jung Wu declare that they have read the terms of this Stipulation and
Agreement, have consulted with their attorney, and fully understand the terms,
conditions, and consequences of this Stipulation and Agreement and that they are
aware of their rights in this forfeiture action. Claimants Shen Tai Yun Wu and Hsiao
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Jung Wu, hereby agree to waive any attorney representation conflicts pertaining to
this forfeiture matter, including its resolution, and are allowing Attorney Daniel J.
Blank to represent them. Claimants Shen Tai Yun Wu and Hsiao Jung Wu warrant
that Attorney Daniel J. Blank has discussed the issue regarding conflicts with them,
that no conflicts exist, and that any conflicts are hereby waived if they do exist.
10.

The Parties stipulate and agree that each side shall bear its own costs

and attorneys’ fees in this action.
11.

This Stipulation and Agreement encompasses the full agreement of the

Parties regarding the Defendant Currency.
12.

Upon entry of this Stipulation and Agreement for Consent Judgment

and Final Order of Forfeiture, this case shall be DISMISSED WITHOUT
PREJUDICE.
WHEREFORE, the Parties stipulate and agree to entry of this Stipulation and
Agreement for Consent Judgment and Final Order of Forfeiture.
IT IS SO ORDERED:
Dated: 4/27/2015

S/Victoria A. Roberts
HONORABLE VICTORIA A. ROBERTS
United States District Court Judge

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Agreed as to form and substance:
BARBARA L. McQUADE
United States Attorney
s\Philip A. Ross
PHILIP A. ROSS
Assistant United States Attorney
211 W. Fort Street, Suite 2001
Detroit, Michigan 48226
[phone]
[e-mail]
[VA Bar No.70269]

s\Daniel J. Blank
DANIEL J. BLANK, ESQ.
Attorney for Claimants
30150 Telegraph, Suite No. 444
Bingham Farms, Michigan 48025
[phone]
[e-mail]
[P-10873]

Dated: April 20, 2015

Dated:
s\Shen Tai Yun Wu, see attached page
SHEN TAI YUN WU
Claimant
Dated: April 15, 2015
s\Hsiao Jung Wu, see attached page
HSIAO JUNG WU
Claimant
Dated: April 15, 2015

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