UNITED STATES OF AMERICA v. $403,402.09 IN UNITED STATES CURRENCY CONTAINED IN ACCOUNT NUMBER 3570681334 HELD IN THE NAME OF GEMILAS CHESED ACH TOV, INC., AT SOVEREIGN BANK, 2 MORRISSEY BLVD. DORCHESTER, MASSACHUSETTS

Filing 12

ORDER granting 11 Motion for Default Judgment & Final Order of Forfeiture ***CIVIL CASE TERMINATED. Signed by Judge William J. Martini on 7/15/13. (sr, )

2010v00498/ja

PAUL J. FISHMAN
United States Attorney
By: PETER W. GAETA
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
Tel: [phone]
Fax: [phone]
Peter.Gaetgusdojjov
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Hon. William J. Martini
Plaintiff
v

Civil Action No. 11-7421

$403,402.09 IN UNITED STATES
CURRENCY CONTAINED IN ACCOUNT
NUMBER 3570681334 HELD IN THE
NAME OF GEMILAS CHESED ACH
TOy, INC., AT SOVEREIGN BANK, 2
MORRISSEY BLVD., DORCHESTER,
MASSACHUSETTS

DEFAULT JUDGMENT AND FINAL
ORDER OF FORFEITURE

Defendant in rem

WHEREAS, on December 20, 2011, a Verified Complaint for Forfeiture was
filed in the United States District Court for the District of New Jersey against
$403,402.09 in United States currency contained in account number 3570681334
held in the name of Gemilas Chesed Ach Toy, Inc., at Sovereign Bank, 2 Morrissey
Blvd., Dorchester, Massachusetts (hereinafter the “defendant property”) to enforce
the provisions of Title 18, United States Code, Section 981, et

which provides

for the forfeiture of any property, real or personal, involved in a transaction or
attempted transaction in violation of Title 18, United States Code, Sections 1956
and 1957; and
WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk

of the Court on December 23, 2011, the United States Marshals Service seized
the defendant property, namely $403,402.09 in United States currency
contained in account number 3570681334 held in the name of Gemilas Chesed
Ach Toy, Inc., at Sovereign Bank, 2 Morrissey Blvd., Dorchester, Massachusetts;
and
WHEREAS, on January 3, 2012, the Verified Complaint for Forfeiture In
Rem, Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified

mail, return receipt requested, to Mr. Jacob Lauer, Esq., 65 Broadway, Suite
1005, New York, New York 10006, attorney for Gemilas Chesed Ach Toy, Inc. (see
Declaration of Peter W. Gaeta with Exhibits, Exhibit A, hereinafter “Gaeta Decl.”
filed herewith); and
WHEREAS, on or about January 12, 2012, copies of the Verified

Complaint for Forfeiture, Warrant for Arrest In Rem, and Notice of Forfeiture
were received by Mr. Jacob Lauer, Esq., attorney for Gemilas Chesed Ach Toy,
Inc. (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 http://www,forfeiture.gov., for at least 30

consecutive days, beginning on January 24, 2012, notifying all th:ird 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 (Gaeta Deci., Exhibit B); 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 specific interest in
the property in the manner set forth in 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.

§ 983(a)(4)(A), except that in no event may such Claim

be filed later than February 7, 2012, or, as applicable, no later than 35 days
after the date notice of the complaint is sent, or, as applicable, no later than 30
days after the date of final publication of the notice of the filing of the complaint
on the official internet government forfeiture website, namely
and
WHEREAS, on or about February 7, 2012, Josef Hornstein as President of
Gemilas Chesed Ach Toy, Inc., through its attorney, Mr. Jacob Lauer, Esq., filed
a Verified Claim to the defendant property; and
WHEREAS, on or about February 28, 2012, Josef Hornstein as President
of Gemilas Chesed Ach Toy, Inc., through its attorney, Mr. Mark Ellis, Esq., filed
an Answer to the Verified Complaint for Forfeiture in rem; and

WHEREAS, on or about May 31, 2013, a Consent Order Withdrawing

Claim on Behalf of Gemilas Chesed Ach Toy, Inc., and Joseph Hornstein was
entered by the Court; and
WHEREAS, no other conforming 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.

§ 983(a)(4)(A) for the defendant property in this matter.

NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED

THAT a Default Judgment and a Final Order of Forfeiture is granted
against the defendant property, namely $403,402.09 in United States currency
contained in account number 3570681334 held in the name of Gemilas Chesed
Ach Toy, Inc., at Sovereign Bank, 2 Morrissey Blvd., Dorchester, Massachusetts,
and no right, title or interest in the defendant property shall exist in any other
party; and
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 Marshals 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 Marshals Service into the Department of Justice
Forfeiture Fund, in accordance with the law.

The Clerk is hereby directed to send copies to all counsel of record.
ORDERED this

of

5

Jo

2013