UNITED STATES OF AMERICA v. $45,100 IN UNITED STATES CURRENCY

Filing 7

ORDER granting 6 Motion for Default Judgment and Final Order of Forfeiture in favor of Plaintiff the United States of America against Defendant $45,100.00 in United States currency, etc. Signed by Judge Kevin McNulty on 10/03/2017. (ek)

2016V01455/PWG/fc

WILLIAM E. FITZPATRICK
Acting 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.gaeta(thusdoj .gov
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA,
Plaintiff,
v.

Hon. Kevin McNulty, U.S.D.J.
Civil Action. No. 16-2958 (KM)
DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE

$45,100.00 IN UNITED STATES
CURRENCY

Defendant in rem.

WHEREAS, on or about January 5, 2016, the U.S. Drug Enforcement

Administration (“DEA”) seized $45,100.00 in United States currency, from
carry-on luggage belonging to Zhan Lin at Terminal C, Security Checkpoint Cl.
at Newark Liberty International Airport in Elizabeth, New Jersey (the
“defendant property”);
WHEREAS, on or about March 1, 2016, the DEA received an
administrative claim from Zhan Lin through his counsel Thomas P. Sleisenger,
Esq;

WHEREAS, on May 24, 2016, the United States commenced a civil

judicial action for the forfeiture of the defendant property by filing a Verified
Complaint for Forfeiture In Rem (the “Verified Complaint”).

(ECF No.1);

WHEREAS, the Verified Complaint alleges that the defendant property is
subject to forfeiture pursuant to 21 U.S.C.

§

881(afl6), because it constitutes

money furnished or intended to be furnished in exchange for a controlled
substance or represents proceeds traceable to an exchange for a controlled
substance, a violation of the Controlled Substances Act, in violation of 21
U.S.C.

§

801, et seq.;

WHEREAS, on or about June 1, 2016, the United States filed with this
Court a Notice of Complaint for Forfeiture In Rem (the “Notice of Complaint”)
(ECF No.3) and sent copies of the Verified Complaint and the Notice of
Complaint, by certified mail return receipt requested, to Thomas P. Sleisenger,

h/s

Esq. in h- capacity as counsel to Zhan Lin.

(See Declaration of Peter Gaeta

with Exhibits, hereinafter ‘Gaeta Decl.” at Exhibit A, filed herein);
WHEREAS, the Notice of Complaint stated that any person who wished
to assert an interest in and avoid forfeiture of the defendant property must file
a conforming Claim with the Clerk of the Court no later than thirty-five (35)
days from the date of mailing of direct notice or the date of delivery, if
personally served (i.e. July 6, 2016), or, if direct notice was not sent to the
claimant or the claimant’s attorney, no later than 60 days after the first day of
publication on an official internet government forfeiture site.

In addition, the

Notice of Complaint also detailed the procedure for filing a claim and answer

while stating that failure to timely file a conforming Claim, or failure to file an
Answer or Motion, would result in the United States seeking judgment by
default for the relief demanded in the Verified Complaint for Forfeiture In Rem.;
WHEREAS, the United States posted notice of this forfeiture action on an

official government internet site, namely www.forfeiture.gov, May 28, 2016, and
running for thirty consecutive days, through June 26, 2016, as permitted by
Rule 0(4) (a) (iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims
and Asset Forfeiture Actions of the Federal Rules of Civil Procedure (the
“Supplemental Rules”).

Proof of publication was filed with the Court on or

about June 9, 2017;
WHEREAS, on or about June 6, 2016, copies of the Verified Complaint,
and Notice of Complaint were delivered to the office of Thomas P. Sleisenger,
Esq,

as counsel for potential claimant Zhan Lin, which is located at 1901

Avenue of the Stars, Suite 615, Los Angeles, California, 90067.

(Gaeta Deci. at

Exhibit A); and
WHEREAS, no conforming Claim and/or Answer 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.

3

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 property, namely $45,100.00 in United States currency,
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 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 Assets Forfeiture Fund, in accordance with the

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

3o(

day of

,

HO ORABLE KEVIN MCNULfl’)
UNITED STATES DISTRICT JUIiOE

4

2017