UNITED STATES v. A TOTAL OF $18,073 in US CURRENCY

Filing 16

ORDER granting 15 Motion for Default Judgment/Final Order of Forfeiture ***CIVIL CASE TERMINATED. Signed by Judge William H. Walls on 12/12/17. (DD, )

2016V02321/PWG/jw

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,

Hon. William H. Walls, U.S.D.J.

Plaintiff,

: Civil Action No. 16-9364

v.

:

DEFAULT JUDGEMENT AND
FINAL ORDER OF FORFEITURE

A TOTAL OF $18,073.00 IN UNITED
STATES CURRENCY,
Defendant in Rem
WHEREAS, on or about December 19, 2016, the United States filed a
Verified Complaint for Forfeiture In Rem (the “Verified Complaint”) in the
United States District Court for the District of New Jersey against a total of
$18,073.00 in United States currency that was seized on or about April 18,
2016 (the “Defendant Currency”);
WHEREAS, the Verified Complaint alleged that the Defendant Currency
is subject to forfeiture to the United States pursuant to 21 U.S.C.

§ 881(a)(6),

which subjects to forfeiture all moneys, negotiable instruments, securities, or
other things of value furnished, or intended to be furnished, by any person in
exchange for a controlled substance and all proceeds traceable to such an
exchange, in violation of 21 U.S.C.

§ 801, et seq. (narcotics control and

enforcement laws);
WHEREAS, on or about January 18, 2017, the United States filed a
Notice of Complaint for Forfeiture (the “Notice of Complaint”);

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WHEREAS, the Notice of Complaint stated that any person who wished
to assert an interest in and avoid forfeiture of the Defendant Currency was
required to file a verified claim with the Clerk of the Court within thirty-five (35)
days after the date the Notice of Complaint was sent or the date of delivery, if
personally served;
WHEREAS, the Notice of Complaint also detailed the procedure for filing
a claim and answer;
WHEREAS, the United States learned that Kwang H. J00 appeared to
have a potential claim to the Defendant Currency because he had filed an
administrative claim to the Defendant Currency, through counsel, on or about
September 16, 2016;
WHEREAS, on or about January 18, 2017, the United States sent copies
of the Verified Complaint and the Notice of Complaint by Federal Express to
Steven L. Kessler, Esq., 100 Park Avenue, 34th Floor, New York, New York
10017-5516, counsel for Kwang H. J00, as required by Rule G(4)(b) of the
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions, Federal Rules of Civil Procedure;
WHEREAS, on or about January 19, 2017, Steven L. Kessler, Esq., 100
Park Avenue, 34th Floor, New York, New York 10017-5516, counsel for Kwang
H. Joo, received copies of the Verified Complaint and the Notice of Complaint;
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
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government forfeiture website, namely www.forfeiture.gov for at least 30
consecutive days, beginning on January 24, 2017, 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;
WHEREAS, on or about February 21, 2017, Kwang H. Joo filed a Verified
Claim with regard to the Defendant Currency;
WHEREAS, on or about March 10, 2017, Kwang H. J00 filed an Answer
to Civil Complaint for Forfeiture In Rem;
WHEREAS, on or about July 20, 2017, Kwang H. Joo filed a Notice of
Withdrawal of Claim and Answer;
WHEREAS, no conforming claims remain with regard to the Defendant
Currency, and the statutory time periods in which to file a claim have expired;
IT IS HEREBY, ORDERED, ADJUDGED, AND DECREED:
1.

THAT a Default Judgment and a Final Order of Forfeiture is

granted against the Defendant Currency, namely a total of $18,073.00 in
United States currency, and no right, title or interest in the Defendant
Currency 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
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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 t
ORDERED this

nd co ies to all counsel of record.

/ day

201

WALLS, U.S.D.J.
United States Di trict Court

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