United States of America v. $63,526 in U.S. Currency et al

Filing 16

ORDER granting 8 Government's Motion for Default Judgment (Written Opinion). Signed by Judge Susan Richard Nelson on 6/3/2021. (MJC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA,

Case No. 20-cv-676 (SRN/DTS)

v.
$63,526 IN U.S. CURRENCY, and
$583 IN U.S. CURRENCY,

DEFAULT JUDGMENT
AND FINAL ORDER OF
FORFEITURE

Defendants.
The United States moves for an order: (1) granting default judgment against Peter
Phia Xiong, Mai Bou Vang, Payne Avenue Wine and Spirits, Inc., and all unknown persons
and entities who have failed to file a verified claim to the defendant currency and answer
to the Complaint for Forfeiture In Rem; and (2) for a Final Order of Forfeiture as to the
defendant currency. The Court grants the motion, finding that:
1.

The United States filed a Verified Complaint for Forfeiture In Rem on March

5, 2020, alleging that $63,526 in United States Currency and $583 in United States
Currency (together, “the Defendant Currency”) is subject to forfeiture pursuant to
21 U.S.C. § 881(a)(6);
2.

The Clerk of Court issued a Warrant of Arrest and Notice In Rem on March

6, 2020, directing the U.S. Customs and Border Protection Service to arrest the Defendant
Currency and to serve all persons thought to have a potential interest in the Defendant
Currency with a copy of the Complaint for Forfeiture In Rem, and the Warrant of Arrest
and Notice In Rem;

3.

The United States served the Notice of Judicial Forfeiture Proceedings, the

Verified Complaint for Forfeiture In Rem, and the Warrant of Arrest and Notice In Rem,
on the following people:
Mai Bou Vang, via Certified Mail, return receipt dated March 11, 2020;
Peter Phia Xiong c/o Mark R. Gaertner, Esq., via Certified Mail, return receipt dated
March 12, 2020; and
Peter Phia Xiong, individually and as registered agent for Payne Avenue Wine and
Spirits, via Certified Mail, return receipt dated April 25, 2020.
4.

Pursuant to Rule G(4)(a)(iv)(C), the U.S. Attorney’s Office posted a

Notice of Forfeiture on an official government internet site (www.forfeiture.gov) for at
least 30 consecutive days, beginning on March 7, 2020;
5.

No verified claim or answer has been filed, and the time for filing a claim

and answer has expired under Rule G(5), Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions;
6.

On approximately April 22, 2021, Peter Phia Xiong contacted counsel for the

Government, stating that he does not contest the forfeiture;
Therefore, based on the above and all of the files and records in this action, IT IS
HEREBY ORDERED that:
1.

The United States’ Motion for Default Judgment and Final Order of

Forfeiture [Doc. No. 8] is GRANTED;
2.

A default judgment is entered against Peter Phia Xiong, Mai Bou Vang,

Payne Avenue Wine and Spirits, Inc., and all unknown persons and entities having an
interest in the Defendant Currency for failure to file a claim against the Defendant
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Currency and an answer to the Verified Complaint for Forfeiture In Rem as required by 18
U.S.C. § 983(a)(4)(A) and (B), and Rule G(5) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions; and
3.

The Defendant Currency is forfeited to the United States pursuant to 21

U.S.C. § 881(a)(6) for disposition in accordance with law.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 3, 2021

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge

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