United States of America v. Shenzhen Development Bank et al

Filing 31

ORDER granting 30 Motion for Default Judgment. Signed by Senior Judge Graham Mullen on 11/26/2013. (tmg)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL NO.: 3:13-cv-152-GCM
UNITED STATES OF AMERICA
vs.
ALL FUNDS UP TO THE AMOUNT OF$712,767
IN CORRESPONDENT ACCOUNTS, HELD
BY OR FOR THE BENEFIT OF PING’AN BANK,
PING AN BANK, OR PINGAN BANK CO.
FORMERLY SHENZHEN DEVELOPMENT
BANK), AT CITIBANK NYC, JP MORGAN
CHASE BANK NATIONAL ASSOCIATION,
THE BANK OF NEW YORK MELLON, BANK
OF AMERICA, BANK OF CHINA LIMITED,
DEUTSCHE BANK TRUST COMPANY
AMERICAS, STANDARD CHARTERED BANK,
AND WELLS FARGO BANK;
ALL FUNDS UP TO THE AMOUNT OF $348,428
IN A CORRESPONDENT ACCOUNT, HELD BY
OR FOR THE BENEFIT OF HONGKONG AND
SHANGHAI BANKING CORPORATION (HSBC),
AT HSBC NYC

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DEFAULT JUDGMENT

THIS MATTER is before the Court on the government=s motion under Fed. R. Civ. P.
55(b)(2) for a Default Judgment of forfeiture against the Defendant Property.
THE COURT FINDS THAT:
1.

A verified Complaint for Forfeiture in rem of the Defendant Property was filed on
March 12, 2013. This Court found probable cause for forfeiture and issued a
warrant for arrest in rem.

2.

Process was fully issued in this action and returned according to law. Pursuant to
an Order and Warrant for Arrest in Rem, the Government duly seized the
Defendant Property. Service of process was made by certified mail, Federal
Express and/or electronic mail and by internet publication of notice via
www.forfeiture.gov on April 13, 2013 through May 12, 2013.

3.

Hongkong and Shanghai Banking Corporation Limited (HSBC) filed a claim on
April 18, 2013, within the time required by the complaint, the public notice, or
Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions. The Government subsequently entered into a Consent Order
for Third Party Claim with HSBC.

4.

Although Ping An Bank did not file a claim and answer the Government entered
into a Consent Order and Third Party Claim with Ping An Bank.

5.

No other person has filed a verified claim or an Answer within the time allowed
by law, and the Clerk has accordingly entered Default.

4.

Based on information identified in the Complaint, the government has shown
probable cause to believe that the Defendant Property was used or intended to be
used to commit or facilitate the commission of violations of 18 U.S.C. '' 2323
and 2320 and is therefore subject to forfeiture under 18 U.S.C. ' 981.

BASED ON THE FORGOING FINDINGS, THE COURT CONCLUDES that the
Government is entitled to a Judgment of Forfeiture by Default against the Defendant Property.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1.

The Government=s Motion for Default Judgment of Forfeiture is hereby granted.

2.

Any and all right, title and interest of all persons in the world in or to the
following property is hereby forfeited to the United States; and no other right, title
or interest shall exist therein: all present and future interest in $5,518.65 in funds
held in a correspondent account of HSBC.

3.

The United States is hereby directed to dispose of the forfeited Defendant
Property as provided by law.

SO ORDERED.

Signed: November 26, 2013