United States of America v. $90,000.00 in U.S. Currency

Filing 90

ORDER granting 85 Application for Entry of Default; granting 87 Motion for Default Judgment (Written Opinion). Signed by Judge John R. Tunheim on July 12, 2010. (HAM)

United States of America v. $90,000.00 in U.S. Currency

Doc. 90

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _______________________________________________________________________ UNITED STATES OF AMERICA, Plaintiff, v. $90,000.00 IN U.S. CURRENCY, Defendant. _______________________________________________________________________ David Fuller and James Alexander, Assistant United States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for plaintiff. Steven Meshbesher, MESHBESHER & ASSOCIATES, PA, 10 South Fifth Street, Suite 225, Minneapolis, MN 55402, for defendant. Kevin Gregorius, MESHBESHER & ASSOCIATES, PA, 10 South Fifth Street, Suite 225, Minneapolis, MN 55402, for claimant. Based on the motion of the United States for an order granting default judgment against Bill Lau and all unknown persons and entities having an interest in the defendant currency who have failed to file a verified statement of claim and answer, and for a final order of forfeiture forfeiting $10,000.00 of the defendant currency to the United States pursuant to the settlement entered between the Plaintiff and claimant Johnny Chan; and based on all the files and records in this action, and on the Court's finding as follows that: 1. On December 3, 2007, a verified Complaint for Forfeiture In Rem with DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE

Civil No. 07-4744 (JRT/FLN)

supporting Affidavit Of Travis W. Hamblen In Support of Complaint for Forfeiture In
Dockets.Justia.com

Rem was filed alleging that the defendant currency is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6), and 18 U.S.C. § 981(a)(1)(A). 2. On December 7, 2007, the Plaintiff served Steve Meshbesher, as counsel

for Johnny Chan, by certified mail with a copy of the Notice of Judicial Forfeiture Proceedings, the Verified Complaint, the Affidavit In Support of Complaint, and the Warrant of Arrest and Notice In Rem. 3. On December 7, 2007, the Plaintiff served Bill Lau by certified mail with a

copy of the Notice of Judicial Forfeiture Proceedings, the Verified Complaint, the Affidavit In Support of Complaint, and the Warrant of Arrest and Notice In Rem. 4. On December 11, 18, and 26, 2007, a notice of the forfeiture action against

the defendant currency was published in Finance and Commerce by the United States Attorney's Office. 5. On January 14, 2008, Johnny Chan filed a Declaration of Interest for

defendant currency, and an Answer to the Complaint For Forfeiture In Rem. 6. No other verified statement of claim or answer to the Complaint for

Forfeiture has been filed in this action, other than the claim that was filed by Johnny Chan, and the time for filing a verified claim and answer has expired. 7. On or about May 27, 2010, the Plaintiff and claimant Johnny Chan entered

into a Settlement Stipulation in this action. NOW, THEREFORE, IT IS HEREBY ORDERED that: 1. default judgment is entered against Bill Lau and all unknown persons and entities having an interest in the defendant currency who have failed to file a verified claim and answer in this proceeding; and

2.

all right, title and interest in $10,000.00 of the defendant currency is

forfeited to and vested in the United States of America pursuant to 21 U.S.C. § 881(a)(6), and 18 U.S.C. § 981(a)(1)(A) for disposition in accordance with law; 3. the Department of Homeland Security shall dispose of the $10,000.00 of the defendant currency in accordance with law; and 4. the Department of Homeland Security shall return $80,000.00 of the defendant currency to claimant Johnny Chan, through his attorney of record, as provided for in the Settlement Stipulation. LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: July 12, 2010 at Minneapolis, Minnesota.

_____ _ s/ John R. Tunheim_______ JOHN R. TUNHEIM United States District Judge