United States of America v. Approximately $961,308.93 in funds et al

Filing 14

ORDER granting 13 Motion for Default Judgment. Signed by District Judge Robert J. Conrad, Jr on 1/5/2018. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 5:17-cv-00081-RJC-DCK
)
)
)
v.
)
)
Approximately $961,308.93 in funds seized )
from JP Morgan Chase Account XXX5580, )
)
such account held in the name of Royce Hub )
Trading, Inc.
)
)
Approximately $38,910.23 in funds seized )
)
from Bank of America Account XXX7847, )
such account held in the name of UAV
)
Research and Development, LLC
)
)
)
Approximately $3,517.94 in funds seized
)
from Bank of America Account XXX5136, )
such account held in the name of Earth Lab, )
)
Inc.
)
Approximately $81,413.13 in funds seized )
)
from Woori Bank Account XXX1720, such )
account held in the name of Neo Tech &
)
)
Design, Inc.
)
)
Approximately $445,502.76 in funds seized )
from Bank of America Account XXX8497, )
such account held in the name of Mornay )
)
Logan DBA Holding Properties
)
)
Approximately $11,789.34 in funds seized )
from Bank of America Account XXX8484, )
such account held in the name of Mornay )
)
Logan DBA Holding Properties
)
UNITED STATES OF AMERICA

ORDER

THIS MATTER is before the Court on the United States of America’s Motion, pursuant
to Fed. R. Civ. P. 55(b)(2), requesting that the Court enter Default Judgment as to the assets
identified herein in this case, (Doc. No. 13).

I.

BACKGROUND
On May 12, 2017, the Government filed a verified Complaint for Forfeiture In Rem (Doc.

No. 1) against the Defendant Funds. In the Complaint, the Government contends that the
Defendant Funds constitute or are derived from proceeds of fraud and property involved in money
laundering related to a business e-mail compromise scam against a public university. The Clerk
issued a Warrant (Doc. No. 2) for the Defendant Funds, which were already in the Government’s
possession.
On June 1, 2017, the United States sent direct notice, (Doc. No. 9), to those individuals
who the United States determined reasonably appeared to be potential claimants. The United
States sent the notice via United States Postal Service Certified Mail, Return Receipt Requested,
to the potential claimants’ last known addresses. The United States notified each potential
claimant of this forfeiture action and of the Government’s intent to dispose of the forfeited property
in accordance with the law, and of the right to submit a verified claim to this Court within 35 days
after the Complaint was sent to potential petitioners. Further, as to all persons in the world with
potential claims to the Defendant Funds, the United States published notice online via
www.forfeiture.gov from July 4, 2017 through August 2, 2017, as shown on the Submission of
Declaration of Publication. (Doc. No. 10).
On October 10, 2017, on Motion (Doc. 11) of the Government, the Clerk of Court issued
an Entry of Default (Doc. 12).
II.

DISCUSSION
No persons or entities have filed a claim or answer within the time required by the

Complaint, the direct notice, the public notice, or Supplemental Rule G of the Supplemental Rules
for Certain Admiralty and Maritime Claims. Further, the time for filing claims pursuant to direct

notice or notice by publication has expired. Under such circumstances, Rule 55(b)(2) provides for
the Court to enter a Default Judgment. Further, under such circumstances, final forfeiture is
merited.
III.

CONCLUSION
IT IS, THEREFORE, ORDERED 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:


Approximately $961,308.93 in funds seized from JP Morgan Chase Account
XXX5580, such account held in the name of Royce Hub Trading, Inc.



Approximately $38,910.23 in funds seized from Bank of America Account
XXX7847, such account held in the name of UAV Research and Development,
LLC



Approximately $3,517.94 in funds seized from Bank of America Account
XXX5136, such account held in the name of Earth Lab, Inc.



Approximately $81,413.13 in funds seized from Woori Bank Account
XXX1720, such account held in the name of Neo Tech & Design, Inc.



Approximately $445,502.76 in funds seized from Bank of America Account
XXX8497, such account held in the name of Mornay Logan DBA Holding
Properties



Approximately $11,789.34 in funds seized from Bank of America Account
XXX8484, such account held in the name of Mornay Logan DBA Holding
Properties

3. The United States is hereby directed to dispose of the forfeited defendant property as
provided by law.
Signed: January 5, 2018