UNITED STATES OF AMERICA v. TWENTY SPORT UTILITY VEHICLES

Filing 13

ORDER granting 12 Motion for Partial Default Judgment and Final Order of Forfeiture is granted against defendant property, etc ***CIVIL CASE TERMINATED. Signed by Judge William J. Martini on 2/18/14. (jd, )

2013V01456/ms

PAULJ. FISHMAN
United States Attorney
By: EVAN S. WEITZ
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
Tel: [phone]
Fax: [phone]
[e-mail]
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Hon. William J. Martini,
U.S.D.J.
Plaintiff,
Civil Action No. 13-3825
-V.

PARTIAL DEFAULT AND FINAL
ORDER OF FORFEITURE
TWENTY SPORT UTILITY
VEHICLES
Defendants in rem.
WHEREAS, on June 20, 2013, a Verified Complaint for Forfeiture In Rem

was filed in the United States District Court for the District of New Jersey
against twenty Sport Utility Vehicles, to enforce the provisions of 18 U.S.C. §
98 1(a)(1)(A), as representing property which constitutes or is derived from
proceeds traceable to wire fraud contrary to Title 18, United States Code,
Section 1343, a specified unlawful activity, and Title 18, United States Code,
Section 98 1(a)(1)(A), as representing property involved in a money laundering
offense contrary to Title 18, United States Code, Section 1956; and

WHEREAS on or about June 27, 2013, copies of 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 Robert S. Stahl, Esq., Law
Offices of Robert G. Stahl, LLC, 220 St. Paul Street, Westfield, New Jersey
07090. (See Declaration of Evan S. Weitz with Exhibits, hereinafter Weitz
Deci. at Exhibit A, filed herein); and
WHEREAS on or about June 28, 2013, copies of the Verified Complaint
for Forfeiture In Rem, Warrant for Arrest In Rem, and Notice of
Forfeiture were received by Robert S. Stahl, Esq., Law Offices of Robert 0.
Stahl, LLC, 220 St. Paul Street, Westfield, New Jersey 07090. (Id.); and
WHEREAS, on July 23, 2013, Xiao Yan Li, through counsel, Robert G.
Stahl, Esq., filed a Verified Claim to eight of the twenty Sport Utility Vehicles
referenced in the Verified Complaint for Forfeiture in Rem; and
WHEREAS the eight Sport Utility Vehicles that were referenced in the
Verified Claim have the following Vehicle Identification Numbers:
5UXZV4C54D0B2223 1; 5UXZV4C5XDOB243O7; 5UXZV4C5 1D0B24485;
5UXZV4C54DOEO 1761; 5UXZV4C59DOB24458; 5UXZV4C53DOB24486;
5UXZV4C54D0B24304; and 5UXZV4C58DOB24306; 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

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consecutive days, beginning on July 18, 2013, 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 (See Weitz Deci., at Exhibit B, filed herein); and
WHEREAS no additional claims as to the above referenced eight Sport

Utility Vehicles have been filed within the period required by law; and
WHEREAS on or about December 17, 2013, copies of 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 the registered
owners of the remaining twelve Sport Utility Vehicles referenced in the
Complaint for Forfeiture In Rem. (See Declaration of Evan S. Weitz with
Exhibits, hereinafter ‘Weitz Decl. at Exhibit C, filed herein); and
WHEREAS, on January 15, 2014, a Partial Consent Judgment and
Settlement Agreement was executed by the Court wherein the United States
and Xiao Yan Li agreed to the following terms resolving this matter as to the
eight Sport Utility Vehicles referenced above:
A.

Xiao Yan Li agrees that the United States shall sell, at a future
date not yet determined, the eight (8) Sport Utility Vehicles
referenced above that she made a valid claim to on July 23, 2013
(hereinafter the “defendant property”);

B.

Xiao Yan Li agrees to the forfeiture of 50% of the proceeds made
from the sale of the defendant property to the United States

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pursuant to 18 U.S.C. § 981(a)(1)(A) and 18 u.s.c. § 981(a)(1)(C);
and
C.

The United States agrees that it will remit 50% of the proceeds of
the sale, after costs and expenses, of the defendant property to
claimant Xiao Yan Li, through her attorney, Robert G. Stahl, Esq.,
Law Offices of Robert G. Stahl, 220 St. Paul Street, Westfield, New
Jersey 07090

(See ECF Docket, Document Number 10); and
WHEREAS, no Claim as to the remaining twelve Sport Utility Vehicles

(hereinafter “defendant property) 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; and
NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED:

1.

That a Partial Default Judgment and a Final Order of Forfeiture is

granted against the defendant property, 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 Homeland
Security, Customs and Border Protection’s management of any property
forfeited herein, after the payment of costs and expenses incurred in

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connection with the forfeiture and disposition of the forfeited property, shall be
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 /‘da of

B
UN

5

ED

,

2014

WILLIAM J. MARrtNt
ATES DISTRICT JUDGE