UNITED STATES OF AMERICA v. $18,525.90 IN UNITED STATES CURRENCY PREVIOUSLY CONTAINED IN PNC BANK ACCOUNT NUMBER 1210248658 HELD IN THE NAME NORMAN PAUL AND FLORRIE PAUL et al
Filing
7
ORDER granting 6 Motion for Default Judgment and Final Order of Forfeiture against defendant properties, etc ***CIVIL CASE TERMINATED. Signed by Judge Stanley R. Chesler on 4/30/14. (jd, )
Case 2:13-cv-05307-SRC Document 6-2 Filed 03/27/14 Page 1 of 6 PagelD: 46
PAULJ FISHMAN
LJnikd States Attoim
By: PETER W. GAETA
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
Tel: 973.545.2927
Fax: 973.645.3316
peter. gaeta!auSdoJ gov
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Honorable Stanley R. Chesler
Plaintiff,
Civil Action No. 13-5307
-V.-
$18,525.90 IN UNITED STATES
CURRENCY PREVIOUSLY
CONTAINED IN PNC BANK
ACCOUNT NUMBER 1210248658
HELD IN THE NAME NORMAN
PAUL AND FLORRIE PAUL;
$897.59 IN UNITED STATES
CURRENCY PREVIOUSLY
CONTAINED IN WELLS FARGO
ACCOUNT NUMBER
1010189960555 HELD IN THE
NAME OF NORMAN J PAUL
REVOCABLE TRUST, DIANE
MCCLAIN, POWER OF ATTORNEY;:
$705.38 IN UNITED STATES
CURRENCY PREVIOUSLY
CONTAINED IN JP MORGAN
CHASE BANK ACCOUNT NUMBER
473951478 HELD IN THE
NAME OF NORMAN PAUL AND
DEFAULT JUDGMENT
AND FINAL ORDER OF
FORFEITURE
Case 2:13cv-O5307-SRC Document 62 Filed 03/27/14 Page 2 of 6 Page$D: 47
FLORRIE PAUL, DOUGLAS PAUL,
BENEFICIARY;
FUNDS AND PROPERTY UP TO
$356,517.48 ON DEPOSIT IN E*
TRADE ACCOUNT NUMBER
62057316 HELD IN THE NAME OF
FLORRIE S. PAUL.
Defendants in rem.
WHEREAS, on September 5. 2013, a Verified Complaint for Forfeiture In
Rem was filed in the United States District Court for the District of New Jersey
against the defendant properties, namely $18,525.90 in United States currency
previously contained in PNC Bank Account Number 1210248658 held in the name
Norman Paul and Florrie Paul; $897.59 in United States currency previously
contained in Wells Fargo Account Number 1010189960555 held in the name of
Norman J. Paul Revocable Trust, Diane McClain, Power of Attorney; $705.38 in
United States currency previously contained in JP Morgan Chase Bank Account
Number 473951478 held in the name of Norman Paul and Florrie Paul, Douglas
Paul, Beneficiary; and Funds and Property up to $356,517.48 on Deposit in
E*Trade Account Number 62057316 held in the name of Florrie S. Paul,
(hereinafter defendant properties”> pursuant to 31 USC.
involved in a vioh.thon or violations of 31 USC.
§ 5317, as property
§ 5324, or a conspiracy to com.mit
any such violations, and/or as property traceable to any such vio.lation or
conspiracy; and
Case 2:13-cv-05307-SRC Document 6-2 PIed 03127/14 Page 3 of 6 PagelD: 48
WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of
the Court on September 9, 2013, the United States Department Of Treasury,
Internal Revenue Service-Criminal Investigation seized the defendant properties;
and
WHEREAS, on January 10, 2014, the United States sent the Verified
Complaint for Forfeiture In Rem and Warrant for Arrest In Rem, by certified mail,
return receipt requested to potential claimants Norman Paul and Florrie Paul, c/o
their attorney Jeremy M. Klausner, Esq, Agostino & Associates, The Bank House,
14 Washington Place, Hackensack, New Jersey 07601 (see Declaration of Peter W.
Gaeta in Support of a Default Judgment and Final Order of Forfeiture, hereinafter
“Gaeta Dec.,” Exhibit A>; and
WHEREAS, on January 13, 2014, the Verified Complaint for Forfeiture In
Rem and Warrant for Arrest In. Rem were received by potential claimants Norman
Paul and Florrie Paul, c/o their attorney Jeremy M. Klausner, Esq., Agostino &
Associates, The Bank House, 14 Washington Place, Hackensack, New Jersey
07601. (id); and
WHEREAS, notice of Civil Forfeiture was posted on an official government
internet website
January
(
wJorfeituregov) for at least 30 consecutive days, beginning on
ii, 2014, as requ.ired by Rule G(4)(a)(iv)(C) of the Supplemental Rules for
Admiralty
or
Maritime Claims and Asset
Forfeiture
B); and
3
Actions
(.see
Gaeta Dec, Exhibit
Case 2:13-cv-05307-SRC Document 6-2 Piled 03/27/14 Page 4 of 6 PagelD: 49
WHEREAS, in order to avoid forfeiture of the defendant properties, any
person claiming an interest in, or right against, the defendant properties must file a
Claim under penalty of perjury identifying the specific properties claimed,
identifying the claimant and stating the claimant’s interest in the properties in the
manner set forth in Rule G(5) of the Supplemental Rules for Admiralty or Maritime
and Asset Forfeiture Claims, Federal Rules of Civil Procedure and 18 USC. §
983(a)(4)(A), except that in no event may such Claim be filed later than 60 days
after the first day of publication on the above-referenced official government
internet website, and having filed such a Claim, must also file an answer to the
complaint not later than 20 days after the filing of the Claim.
WHEREAS, no Claim has been filed by any person within the time permitted
by Rule G(5) of the Supplemental Rules for Certain Admiralty or Maritime and
Asset Forfeiture Claims, Federal Rules of Civil Procedure for the defendant
properties 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 properties, namely $18,525.90 in United States currency
previously contained in PNC Bank Ac.court Number 1210248658 held in the
name Norman Paul and Florrie Paul; $89759 in United States currency
previously contained in Wells Fargo Account Number 1010189960555 held in
4
Case 2:13-cv-05307-SRC
Document 6-2 Filed 03127/14 Page 5 of 6 PagelD: 50
the name of Norman i. Paul Revocable Trust, Diane McClain. Power of Attorney;
$705.38 in United States currency previously contained in JP Morgan Chase
Bank Account Number 473951478 held in the name of Norman Paul and Florrie
Paul, Douglas Paul, Beneficiary; and Funds and Property up to $356,517.48 on
Deposit in E*Trade Account Number 62057316 held in the name of Florrie S.
Paul, and no right, title or interest in the defendant properties shall exist in any
other party; and
THAT E*Trade, as custodian for Account Number 62057316 held in the
name of Florrie S. Paul, shall liquidate the account up to the sum of $356,517.48
and forward said sum payable to the Internal Revenue Service-Criminal
Investigation, c/o the United States Attorney’s Office, Asset Forfeiture Money
Laundering Unit, 970 Broad Street, Suite 700, Newark, New Jersey 07102; 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 Internal Revenue Service-Criminal Investigation’s management
of any properties forfeited herein, after the payment of costs and expenses
incurred in connection with the forfeiture and disposition of the forfeited
properties, shall he deposited forthwith by the Internal Revenue
D
Case 2:13cv-05307-SRC Document 62
Filed 03/27/14 Page 6 of 6 PagelD: 51
ServiceCrimina1 Investigation into the Department of Treasury Asset Forfeiture
Fund, in accordance with the law.
ORDEREDthis
davoft’f
,2014.
JWORABLE STANLEY R. CHESLER
UNITED STATES DISTRICT JUDGE
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