UNITED STATES OF AMERICA v. APPROXIMATELY 400,000 AIRCRAFT PARTS

Filing 11

ORDER granting 10 Motion for Default Judgment ***CIVIL CASE TERMINATED. Signed by Judge Joseph H. Rodriguez on 10/2/2018. (rtm, )

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2016V01518/PWG/jw

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Hon. Joseph H. Rodriguez

UNITED STATES OF AMERICA,

Civil Action No. 18-769

Plaintiff,

DEFAULT JUDGEMENT AND
FINAL ORDER OF FORFEITURE

V.

APPROXIMATELY 400,000
AIRCRAFT PARTS,
Defendants in Rem
WHEREAS, on or about January 18, 2018, the United States filed a
Verified Complaint for Forfeiture In Rem (the "Verified Complaint") in the
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United States District Court for the District of New Jersey against

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approximately 400,000 aircraft parts that were seized on or about May 14,
2015 (the "Defendant Property");
WHEREAS, the Verified Complaint alleged that the Defendant Property is
subject to forfeiture to the United States pursuant to 19 U.S.C. § 1595a(d),
which subjects to forfeiture merchandise exported or sent from the United
States or attempted to be exported or sent from the United States contrary to
law;
WHEREAS, on or about February 1, 2018, the United States filed a
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Notice of Complaint for Forfeiture (the "Notice of Complaint");

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WHEREAS, the Notice of Complaint stated that any person who wished
to assert an interest in and avoid forfeiture of the Defendant Property was
required to file a verified claim with the Clerk of the Court within thirty-five (35)
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days after the date the Notice of Complaint was sent or the date of delivery, if
personally served;
WHEREAS, the Notice of Complaint also detailed the procedure for filing
a claim and answer;
WHEREAS, on or about February 1, 2018, the United States sent copies
of the Verified Complaint and the Notice of Complaint by Federal Express to
Lauritz Bertinus Wijers, a/k/a "Louis Wijers," Prins Willem-Alexanderplein 62,
2012 KX, Haarlem, Netherlands; Sebastian Van Ben.tern, Transportweg 19,
2421 LT, Nieuwkoop, Netherlands; and E.C.N. Sweep, Oomen & Sweep
Advocaten, Prinsen Bolwerk 7, 2011 MA Haarlem, Netherlands, as required by
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Rule G(4)(b) of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions, Federal Rules of Civil Procedure;
WHEREAS, on or about February 7, 2018, E.C.N. Sweep, Oomen &
Sweep Advocaten, Prinsen Bolwerk 7, 2011 MA Haarlem, Netherlands, received
copies of the Verified Complaint and the Notice of Complaint;

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WHEREAS, on or about February 8, 2018, Sebastian Van Ben.tern,

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Transportweg 19, 2421 LT, Nieuwkoop, Netherlands, received copies of the ·
Verified Complaint and the Notice of Complaint;
WHEREAS, or about February 8, 2018, Louis Wijers, Prins WillemAlexanderplein 62, 2012 KX, Haarlem, Netherlands, received copies of the
Verified Complaint and the Notice of Complaint;

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WHEREAS, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules
for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of
Civil Procedure, Notice of Civil Forfeiture was posted on an official internet
government forfeiture website, namely v\'WW.forfeiture.gov for at least 30
consecutive days, beginning on February 7, 2018, notifying all third parties of
their right to file a claim with the Court within 60 days from the first day of
publication for a hearing .to adjudicate the validity of their alleged legal interest
in the property;
WHEREAS, on or about March 7, 2018, E.C.N. Sweep filed a document
labeled "claim" in which he asserted an interest in the Defendant Property as
the liquidator in WIAT's bankruptcy proceeding in the Netherlands;
WHEREAS, on or about March 13, 2018, Sebastiaan Van Bentem filed a
claim to the Defendant Property;
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WHEREAS, on or about April 9, 2018, Sebastiaan Van Ben.tern withdrew
his claim;

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WHEREAS, on July 11, 2018, the United States filed a motion to strike

the claim filed E.C.N. Sweep for lack of statutory and Article III standing;
WHEREAS, On August 15, 2018, this Court entered an order striking the
claim filed by E.C.N. Sweep with prejudice; and
WHEREAS, no conforming claims remain with regard to the Defendant
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Property, and the statutory time periods in which to file a claim have expired;
IT IS HEREBY, ORDERED, ADJUDGED, AND DECREED:

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THAT a Default Judgment and a Final Order of Forfeiture is

granted against the Defendant Property, namely approximately 400,000 aircraft
parts, and no right, title or interest in the Defendant Property shall exist in any
other party.
2.

That any and all forfeited funds, including but not limited to

currency, currency equivalents and certificates of deposits, as well as any
income derived as a result of the United States Department of Homeland
Security, Customs and Border Protection's management of any property
forfeited herein, after the payment of costs and expenses incurred in
connection with the forfeiture and disposition of the forfeited property, shall be
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deposited forthwith by the United States Department of Homeland Security,
Customs and Border Protection into the Department of the Treasury Forfeiture
Fund, in accordance with the law.
The Clerk is hereby directed to send copies to all counsel of record.
ORDERED this ;;;)..auf_day of

0 ~ , 2018.

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