UNITED STATES OF AMERICA v. ANY AND ALL SECURITIES AND OTHER PROPERTY ON DEPOSIT IN ACCOUNT NO. XXX-XX8024 AT PERSHING LLC. AND ALL PROPERTY TRACEABLE THERETO
DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE granting 7 Motion for Default Judgment ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 9/19/17. (cm, )
WILLIAM E. Ffl2PATICK
Acting United States Attorney
By: BARBARA A. WARD
Assistant United States Attorney
970 Broad Street, Suite 700
Newark, New Jersey 07102
DEBORAH L. CONNOR, Acting Chief
JENNY R. TURNER, Trial Attorney
US. Department of Justice
Money Laundering and Asset
1400 New York Avenue, N.W.
Bond Building, Room 10100
Washington, DC 20005
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Hon. Kevin McNulty, U.S.D.J.
Civil Action No. 17-0 1358 (KM)
DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE
ANY AND ALL SECURITIES AND OTHER
PROPERTY ON DEPOSIT IN ACCOUNT NO.
XXX-XX8024 AT PERSHING LLC, AND ALL
PROPERTY TRACEABLE THERETO,
Defendants in rem.
WHEREAS, on February 27, 2017, a Verified Complaint for Forfeiture
was filed in the United States District Court for the District of New Jersey
against any and all securities and other property on deposit in account number
)OCX-XX8024 at Pershing LLC, and all property traceable thereto (the
“defendant property”), (i) pursuant to 21 U.S.C.
§ 881(afl6J as property
furnished in exchange for a controlled substance and proceeds traceable to
such an exchange, in violation of 21 U.S.C.
§ 801, etseq. (narcotics control and
enforcement laws); (ii) pursuant to 18 U.S.C.
§ 981(a)(1)(C) as property which
constitutes and is derived from proceeds traceable to a specified unlawful
activity as defined in 18 U.S.C.
§ 1957(c)(7) and a conspiracy to commit such
an offense; and (iii) pursuant to 18 U.S.C. 981(a)(1)(A), as property involved in a
violation of 18 U.S.C.
§ 1956, 1957, and 1960; and
WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the
Clerk of the Court on August 8, 2017, which was served by a Senior Inspector
of the United States Marshals Service and filed with the Clerk of the Court on
August 11, 2017, the United States obtained in rem jurisdiction over the
defendant property; and
WHEREAS, on or about March 15, 2017, the Verified Complaint for
Forfeiture and a Notice of Complaint for Forfeiture were personally served on
Ma Elena Marquez and Maria Guadalupe Chavez Joya by Drug Enforcement
Administration Special Agent Kyle Mon (see Declaration of Barbara A. Ward
with Exhibits filed August 8, 2017 (hereinafter “Ward Decl.”); and
WHEREAS, on or about March 15, 2017, Ma Elena Marquez and Maria
Guadalupe Chavez Joya acknowledged receipt of the Verified Complaint for
Forfeiture and a Notice of Complaint for Forfeiture (Id.); 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
consecutive days, beginning on March 4, 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 (see Ward Decl., Exhibit B); and
WHEREAS, the only persons who reasonably appeared to be a potential
claimant on the facts known to the government (Ma Elena Marquez and Maria
Guadalupe Chavez Joya) received direct notice of this action and a copy of the
Complaint by personal service; no conforming claim has been filed within the
time required by Supplemental Rule G(5)(a) and 18 U.S.C.
§ 983(a)(4)(A) for the
NOW THEREFORE, IT IS HEREBY, 0
nERED, ADJUDGED AND
That a Default Judgment and a Final Order of Forfeiture is granted
against the defendant property, namely any and all securities and other
property on deposit in account number XXX-XX8024 at Pershing LLC, and all
property traceable thereto; the defendant property is hereby forfeited to the
United States of America according to law; and no right, title or interest in the
defendant property shall exist in any other party; and
That any and all forfeited funds, including but not limited to
currency, currency equivalents and certificates of deposits, as well as any
interest and income thereon, 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
ith the law.
The Clerk is hereby directed ft sedd copies to all counsel of record.
Department of Justice Assets Forfeiture Fund, in accordance
n-fr- A%l* ud-4 (crth,-73
HONORABLE KEVIN McNULT
United States District Judge
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