UNITED STATES OF AMERICA v. $414,942.00, INCLUDING BUT NOT LIMITED TO et al

Filing 14

ORDER granting 13 Motion for Default Judgment and Final Order of Forefeiture ***CIVIL CASE TERMINATED. Signed by Judge Stanley R. Chesler on 9/7/2011. (nr, )

Case 2:11-cv-00829-SRC Document 13-2

2011’s 00347
PAUL J. F1SHMAN
United States Attorney
B\ PEIERW GE[
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
Tel: [phone]
Fax: [phone]
peter.gaetaiii usdoj.gov

Filed 07/29/11

Page 1 of 6 PagelD: 82

ELECTRONiCALLY FILE1)

UNITED STATES DISTRICT COURT
DiSTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Hon. Stanley R. Chesler, U.S.D.J.
Plaintiff,
Civil Action No. 11-829 (SRC)
-against
$414,942.00, INCLUDING BUT NOT
LIMITED TO
$314,100.00 CONTAINED IN ACCOUNT
NUMBER 000209078278 IN THE
NAME AND/OR f OR THE BENEFIT
OF ARUN PAR1KH AT THE BANK OF
AMERICA LOCATED AT 101 S. TRYON
STREET, CHARLOTTE, NORTH
CAROLINA 28255;
AND
$44,000.00 CONTAINED 1N ACCOUNT
NUMBER 004023027554 IN THE
NAME AND/OR FOR THE BENEFIT
OF ARUN P4RIKH OR ANUSHI 4
P4RIKH 41 IHE BANK OF 4MERICA
LOCATED AT 101 S. TRYON STREET,
CHARLOTTE, NORTH CAROLINA 28255;

AND

DEFAULT JUDGMENT AND FINAL
ORDER OF FORFEITURE

Case 2i1-cv-00829-SRC Document 13-2

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$56,842.00 CONTAINED IN ACCOUNT
NUMBER 000109053036 IN THE
NAME AND/OR FOR THE BENEFIT
OF FICKE & ASSOCIATES INC., AT
THE BANK OF AMERICA LOCATED
AT 101 S. TRYON STREET, CHARLOTTE,
NORTH CAROLINA 28255.
Defendant in rein.

WHEREAS, on February 14. 2011, a Verified Complaint for Forfeiture was tiled in the
United States District Court for the District of New Jersey against $414,942.00, including but not
limited to $314,100.00 contained in account number 000209078278 in the name and/or for the
benefit of Arun Parikh at the Bank of America located at 101 5, Tryon Street, Charlotte, North
Carolina 28255; $44,000.00 contained in account number 004023027554 in the name and/or for
the benefit of Arun Parikh or Anushi A. Parikh at the Bank of America located at 101 S. Tryon
Street, Charlotte, North Carolina 28255; and $56,842.00 contained in account number
000109053036 in the name and/or for the benefit of Ficke & Associates, Inc., at the Bank of
America located at 101 5. Tryon Street, Charlotte, North Carolina 28255 (hereinafter the
“defendant property”) to enforce the provisions of 31 U.S.C.

§

531 7(c)(2), which subjects to

forfeiture to the United States any property involved in a violation of 3 1 U.S.C.

§

5324(a): and

WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of the Court
on February 1 6, 2011, the United States Department of the Treasury, internal Revenue Service
seized the defendant property, namely $414,942.00, including but not limited to $314,100.00
contained in account number 000209078278 in the name and’or for the benefit of Arun Parikh at
the Bank of America located at 101 5. Tryon Street, Charlotte, North Carolina 28255; $44,000.00

Case 2:11-cv-00829-SRC Document 13-2

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contained in account number 004023027554 in the name and/or for the benefit of Arun Parikh or
Anushi A. Parikh at the Bank of America located at 101 S. Trvon Street, Charlotte. North
Carolina 28255; and $56,842.00 contained in account number 000109053036 in the name and/or
for the benefit of Ficke & Associates, Inc., at the Bank of America located at 101 S. Tryon Street,
Charlotte, North Carolina 28255; and
WHEREAS, on or about February 18, 2011, copies of the Verified Complaint for
Forfeiture, Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified mail, return
receipt requested to Ficke & Associates, Inc., 271 U.S. Hwy 46, Suite A, Fairfield, New Jersey
07004 (See Declaration of Peter W. Gacta with Exhibits, Exhibit A, hereinafter “Gaeta Dccl.”
filed herein); and
WHEREAS, on or about February 22, 2011, copies of the Verified Complaint for
Forfeiture, Warrant for Arrest In

and a Notice of Forfeiture were received by Ficke &

Associates, Inc., 271 U.S. Hwy 46, Suite A, Fairfield, New Jersey 07004. (Ic!.); and
WHEREAS, on or about February 18, 2011, copies of the Verified Complaint for
Forfeiture. Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified mail, return
receipt requested to Anushi Parikh, 623 Rockingham Drive, Irving, Texas 75063-8064 (Gaeta
Dee!., Exhibit B); and
WHEREAS, on or about February 23, 2011, copies of the Verified Complaint for

Forfeiture, Warrant for Arrest In

and a Notice of Forfeiture were received by Anushi

Parikh, 623 Rockingharn Drive. Irving. Texas 75063-8064. (Id.); and
WHEREAS, on or about February 18, 2011, copies of the Verified Complaint for

Forfeiture, Warrant for Arrest In Rem. and a Notice of Forfeiture were sent certified mail, return
3

Case 2:11 -cv-00829-SRC Document 1 3-2

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receipt requested to Kenneth N. Laptook, Esq., Wolff& Samson PC, One Boland Drive, West
Oranee, New Jersey 07052, counsel for Arun Parikh (Gaeta Dccl., Exhibit C); and
WHEREAS, on or about February 22, 2011. copies of the Verified Complaint for
Forfeiture, Warrant for Arrest In Rem, and a Notice of Forfeiture were received by Kenneth N.
Laptook, Esq., Wolff& Samson PC. One Boland Drive. West Orange, New Jersey 07052.

counsel for Arun Parikh (Id.); and
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 www.forfeiture.gov for at least 30 consecutive days, beginning on February 23, 2011,
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 (Gacta Dccl., Exhibit D); and
WHEREAS, on March 25, 2011, a Verified Claim was filed through counsel by Arun
Parikh. See ECF Doe. 4; and
WHEREAS, on March 25, 2011, a Verified Claim was filed through counsel by Ficke &
Associates, Inc. See ECF Doe. 5; and
WHEREAS, on April 14, 2011, Arun Parikh and Ficke & Associates, lnc. jointly filed
through counsel an application and proposed Order to extend their time to answer, move, or
otherwise reply. See ECF Doe. 6: and
WHEREAS, on April 28, 2011, Arun Parikh and Ficke & Associates, Inc., with the
consent of the United States, jointly filed a Consent Order extending their time to answer, move,
or otherwise respond to the United States’ Verified Complaint for Forfeiture In Rem until May
4

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31, 201 1, On April 29, 2011, the Court executed the Consent Order granting the extension. See
ECF Doe. 8; and
WHEREAS, on May 31, 2011. Arun Parikh and Ficke & Associates. Inc., with the
consent of the United States, jointly filed a second Consent Order extending their time to answer,
move, or otherwise respond to United States’ Verified Complaint for Forfeiture In Rem until July
8, 2011. See ECF Doe. 9; and
WHEREAS, on July 6, 2011, Arun Parikh filed through counsel a motion to withdraw

the verified claim of Arun Parikh. See ECF Doe. 10: and
WHEREAS, on July 6, 2011, Ficke & Associates, Inc. filed through counsel a motion to
withdraw the verified claim of Ficke & Associates, Inc. See ECF Doe. 11; and
WHEREAS, in order to avoid forfeiture of the defendant property, any person claiming
an interest in, or right against, the defendant property must file a conforming Claim under penalty
of perjury identifying the specific property claimed, identifying the claimant and stating the
claimant’s interest in the property in the manner set forth in Rule G(5)(a) of the Supplemental
Rules for Admiralty or Maritime and Asset Forfeiture Actions, Federal Rules of Civil Procedure
and 18 U.S.C.

§

983(a)(4)(A), except that in no event may such Claim be filed by those known to

be reasonably interested later than 25 March 2011, or, as applicable, no later than 30 days
after the final publication of notice of the filing of the complaint or no later than 60 days after the

first day of publication on an official government internet web site, namely www.forfeiture,gov;
and
WHEREAS. no other Claim has been filed within the time required by Rule

G(5)(a) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions, Federal Rules of Civil Procedure, and 18 U.S.C.
5

983(a)(4)(A) for the defendant

Case 2:1 1-cv-00829-SRC Document 13-2

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property by any potential claimant in this matter; and
NOW THEREFORE, 11’ Is HEREBY, ORDERED, ADJUDGED AND DECREED:

I.

That a Default Judgment and a Final Order of Forfeiture is granted against the

defendant property, namely $414,942.00, including but not limited to $314,100.00 contained in
account number 000209078278 in the name and/or for the benefit of Arun Parikh at the Bank of
America located at 101 S. Tryon Street, Charlotte, North Carolina 28255; $44,000.00 contained
in account number 004023027554 in the name and/or for the benefit of Arun Parikh or Anushi A.
Parikh at the Bank of America located at 101 S. Tryon Street, Charlotte, North Carolina 28255;
and $56,842.00 contained in account number 000109053036 in the name and/or for the benefit of
Ficke & Associates, Inc., at the Bank of America located at 101 S. Tryon Street, Charlotte, North
Carolina 28255, and no right, title or interest in the defendant property shall exist in any other
party; and
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 the Treasury, Internal Revenue Service’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 deposited forthwith by the United
States Department of the Treasury. Internal Revenue Service into the Department of the Treasury
Asset Forfeiture Fund, in accordance with the law,
The Clerk is hereby directed to send copjiu all counsel of record.
ORDERED this

7j

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o40l I
7

ôBLE ST R CSLER, U S U J
Ui\ITED STATES DISTRICT COURT
6