UNITED STATES OF AMERICA v. ONE 2010 JAGUAR XKR et al

Filing 6

DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE against the deft. properties, namely one 2010 Jaguar XKR, Vehicle Identification Number SAJWA4DCXAMB38825 and $489,541.79, etc., granting 5 Motion for Default Judgment ***CIVIL CASE TERMINATED. Signed by Judge Faith S. Hochberg on 8/3/12. (dc, )

2011V01485
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]
çr.oaetaaisdo,go

ELECTRONICALLY FILED

:

V

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Hon. Faith S. Hochberg, U.S.D.J.
Plaintiff,
Civil Action No. 12-12 13 (FSH)
-againstONE 2010 JAGUAR XKR, VEHICLE
IDENTIFICATION NUMBER
SAJWA4DCXAMB38825;

AND
$489,541.79, INCLUDING BUT NOT
LIMITED TO
$54,738.90 CONTAII ED IN ACCOUNT
NUMBER 110075034765 IN THE NAME
AND/OR FOR THE BENEFIT OF IKE B.
AHN AND/OR DANIEL AHN, AT JP
MORGAN CHASE BANK, N.A., 55 W.
PALISADE AVENUE, ENGLEWOOD,
NEW JERSEY 07631;
AND
$45,200.00 CONTAINED IN ACCOUNT
NUMBER 037607267001 IN THE NAME
AND/OR FOR THE BENEFIT OF IKE B.
AHN AND/OR DANIEL AHN, AT JP
MORGAN CHASE BANK, N.A,, 55 W.

DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE

PALISADE AVENUE, ENGLEWOOD,
NEW JERSEY 07631;
AND
$23,322.03 CONTAINED IN ACCOUNT
NUMBER 110075034701 IN THE NAME
AND/OR FOR THE BENEFIT OF IKE B.
AHN AND/OR DANIEL AHN, AT JP
MORGAN CHASE BANK, N.A., 55 W.
PALISADE AVENUE, ENGLEWOOD,
NEW JERSEY 07631;
AND
$35,000.00 CONTAINED IN ACCOUNT
NUMBER 37065093965 IN THE NAME
AND/OR FOR THE BENEFIT OF IKE B.
AHN AND/OR DANIEL AHN, AT JP
MORGAN CHASE BANK, N.A., 55 W.
PALISADE AVENUE, ENGLEWOOD,
NEW JERSEY 07631;
AND
$48,917.51 CONTAINED IN ACCOUNT
NUMBER 7917433000 IN THE NAME
AND/OR FOR THE BENEFIT OF IKE B.
AHN AND/OR DANIEL AHN, AT TD BANK
N.A., 9 E. DEMAREST AVENUE,
ENGLEWOOD, NEW JERSEY 07631;
AND
$78,076.19 CONTAINED IN ACCOUNT
NUMBER 381023365386 IN THE NAME
AND/OR FOR THE BENEFIT OF IKE B.
AHN AND/OR DANIEL AHN, AT BANK
OF AMERICA, 21 PARK PLACE,
ENGLEWOOD, NEW JERSEY 07631;
AND

$154,298.00 CONTAINED IN ACCOUNT
NUMBER 850-12599 IN THE NAME
AND/OR FOR THE BENEFIT OF IKE B.
AHN AND/OR DANIEL AHN, AT MERRILL
LYNCH, 1251 AVENUE OF THE
AMERICAS, NEW YORK, NEW YORK
10020;
AND
$49,989.16 CONTAINED IN ACCOUNT
NUMBER 8038022017 IN THE NAME
AND/OR FOR THE BENEFIT OF IKE B.
AHN AND/OR DANIEL AHN, AT PNC
BANK, 16 HIGHWOOD AVENUE,
TENAFLY, NEW JERSEY 07670,
Defendants in rem.

WHEREAS, on February 24, 2012, a Verified Complaint for Forfeiture was filed in the

United States District Court for the District of New Jersey against the defendant property
consisting of one 2010 Jaguar XKR, Vehicle Identification Number SAJWA4DCXAMB38825
and $489,541.79, including but not limited to $54,738.90 contained in account number
110075034765 in the name and/or for the benefit of Ike B. Ahn and/or Daniel Ahn, at JP Morgan
Chase Bank, N,A,, 55 W. Palisade Avenue, Englewood, New Jersey 07631; and $45,200.00
contained in account number 037607267001 in the name and/or for the benefit of Ike B. Ahn
and/or Daniel Ahn, at JP Morgan Chase Bank, N.A., 55 W. Palisade Avenue, Englewood, New
Jersey 07631; and $23,322.03 contained in account number 110075034701 in the name and/or
for the benefit of Ike B. Ahn and/or Daniel Ahn, at JP Morgan Chase Bank, N.A., 55 W. Palisade
Avenue, Englewood, New Jersey 07631; and $35,000.00 contained in account number

3

G3FSH—Deee&Fi4edO2—7Page9+67

37065093965 in the name and/or for the benefit of Ike B. Ahn and/or Daniel Ahn, at JP Morgan
Chase Bank, N.A,, 55 W. Palisade Avenue, Englewood, New Jersey 07631; and $48,917.51
contained in account number 7917433000 in the name and/or for the benefit of 11cc B. Ahn and/or
Daniel Ahn, at TD Bank NA, 9 F. Demarest Avenue, Englewood, New Jersey 07631; and
$78,076.19 contained in account number 381023365386 in the name and/or for the benefit of Ike
B. Ahn and/or Daniel Ahn, at Bank of America, 21 Park Place, Englewood, New Jersey 07631;
and $154,298.00 contained in account number 850-12599 in the name and/or for the benefit of
Ike B. Ahn and/or Daniel Ahn, at Merrill Lynch, 1251 Avenue of the Americas, New York, New
York 10020; and $49,989.16 contained in account number 8038022017 in the name and/or for
the benefit of Ike B. Ahn and/or Daniel Ahn, at PNC Bank, 16 Highwood Avenue, Tenafly, New
Jersey 07670 (hereinafter collectively “defendant properties”)
to enforce the provisions of3l U.S.C.

§ 5317(c)(2), which subjects to forfeiture to the United

States any property involved in a violation of 31 U.S.C.

§

53 24(a); and

WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of the Court
on March 1, 2012, the United States Department of the Treasury, Internal Revenue Service seized
the defendant properties, namely one 2010 Jaguar XKR, Vehicle Identification Number
SAJWA4DCXAMB3 8825 and $489,541.79 contained in various bank accounts listed
above; and
WHEREAS, on or about March 7, 2012, 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 Caroline Rule, Esq,, Kostelanetz & Fink, LLP, 7 World Trade Center, New York,

4

New York 10007, counsel for Ike B. Ahn and Daniel Ahn (See Declaration of Peter W. Gaeta
with Exhibits, Exhibit A, hereinafter “Gaeta DecL” filed herein); and
WHEREAS, on or about March 12, 2012, copies of the Verified Complaint for
Forfeiture, Warrant for Arrest In Rem, and a Notice of Forfeiture were received by Caroline Rule,
Esq., Kostelanetz & Fink, LLP, 7 World Trade Center, New York, New York 10007, counsel for
Ike B. Ahn and Daniel Ahn (Idj; 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
JrIçjturgv for at least 30 consecutive days, beginning on March 9, 2012, 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 (Gaeta Dccl., Exhibit B); and
WHEREAS, in order to avoid forfeiture of the defendant properties, any person claiming
an interest in, or right against, the defendant properties and who have received direct notice of the
forfeiture action 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 known potential claimants later than April 11, 2012;
or if notice was published but direct notice was not sent to the claimant or claimant’s attorney a
claim must be filed 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 the official internet
government forfeiture website at http://www.forfeiture.gov; and
WHEREAS, no 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 properties by any

potential claimant in this matter; and
NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED

1.

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

defendant properties, namely one 2010 Jaguar XKR, Vehicle Identification Number
SAJWA4DCXAMB38825 and $489,541.79, including but not limited to $54,738.90 contained
in account number 110075034765 in the name and/or for the benefit of Ike B. Aim and/or Daniel
Ahn, at JP Morgan Chase Bank, N.A., 55 W. Palisade Avenue, Englewood, New Jersey 07631;
and $45,200.00 contained in account number 037607267001 in the name and/or for the benefit of
Ike B. AIm and/or Daniel Aim, at JP Morgan Chase Bank, N.A., 55 W. Palisade Avenue,
Englewood, New Jersey 07631; and $23,322.03 contained in account number 110075034701 in
the name and/or for the benefit of Ike B. Aim and/or Daniel Ahn, at JP Morgan Chase Bank,
N,A., 55 W. Palisade Avenue, Englewood, New Jersey 07631; and $35,000.00 contained in
account number 37065093965 in the name and/or for the benefit of Ike B. Aim and/or Daniel

Aim, at JP Morgan Chase Bank, N.A., 55 W. Palisade Avenue, Englewood, New Jersey 07631;
and $48,917.51 contained in account number 7917433000 in the name and/or for the benefit of
Ike B. AIm and/or Daniel Ahn, at TD Bank NA, 9 E. Demarest Avenue, Englewood, New Jersey
6

07631; and $78,076.19 contained in account number 381023365386 in the name and/or for the
benefit of Ike B. Ahn and/or Daniel Ahn, at Bank of America, 21 Park Place, Englewood, New
Jersey 07631; and $154,298.00 contained in account number 850-12599 in the name and/or for
the benefit of Ike B. Ahn and/or Daniel Ahn, at Merrill Lynch, 1251 Avenue of the Americas,
New York, New York 10020; and $49,989.16 contained in account number 8038022017 in the
name and/or for the benefit of Ike B. Ahn and/or Daniel Ahn, at PNC Bank, 16 Highwood
Avenue, Tenafly, New Jersey 07670, and no right, title or interest in the defendant properties
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 copies to all counsel of record,
ORDERED this S

day of

U—, 2012

.S.D.J.
UNITED STATES DISTRICT

7