United States of America v. $6,239,844.73 in US Currency et al

Filing 15

ORDER granting 14 Motion for Default Judgment and Order of Forfeiture (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,

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Plaintiff,
-vsDEFENDANT NO. 1:
$6,239,844.73 IN U.S. CURRENCY,
More or less; and
DEFENDANT NO. 2:
$246,089.09 IN U.S. CURRENCY,
More or less,
Defendants.

DEFAULT JUDGMENT AND ORDER OF FORFEITURE
Before the Court is Plaintiff’s Motion for Default Judgment and Order of
Forfeiture and Brief in Support [Doc. No. 14]. Upon consideration, the Court finds:
1.

On July 16, 2014, the plaintiff, United States of America, filed its Verified

Complaint for Forfeiture In Rem [Doc. No. 1] against the defendant currency.
2.

A Warrant for Arrest In Rem was entered by the Court on July 22, 2014,

and the defendant currency was served by the United States Marshals Service, together
with a copy of the plaintiff’s Complaint, Notice and the Warrant, on August 5, 2014.
3.

Notice of this action was posted on an official government internet site

(www.forfeiture.gov) for at least thirty consecutive days, beginning on July 17, 2014, and
ending on August 15, 2014, as referenced in the Declaration of Publication [Doc. No. 9].
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4.

Copies of the Complaint and Notice of Forfeiture Action were provided to

the following parties who may have had an interest in the defendant currency, as follows:
a)

Delivery of notice to Dan Webber, counsel for Wesley Yui Chew

and ICON Telecom, was accomplished by certified mail, receipt number 7011 3500 0001
0775 6702, on July 17, 2014. See Exhibit 1 to Motion for Default Judgment and Order of
Forfeiture [Doc. No. 14].
b)

Delivery of notice to Wesley Yui Chew and ICON Telecom,

possible claimants, was accomplished by certified mail, receipt number 7011 3500 0001
0775 6719, on July 21, 2014. See Exhibit 2 to Motion for Default Judgment and Order of
Forfeiture [Doc. No. 14].
c)

Delivery of notice to Cynthia Li, possible claimant, was

accomplished by certified mail, receipt numbers 7011 3500 0001 0775 6733 on July 21,
2014, and 7011 3500 0001 0775 6726 on July 25, 2014. See Exhibits 3 and 4 to Motion
for Default Judgment and Order of Forfeiture [Doc. No. 14].
5.

No known party potentially claiming an interest in the defendant currency is

an infant or incompetent person, or is active in the military service.
6.

No person has filed a claim or answer herein.

7.

An Entry of Default [Doc. No. 13] was entered by the Clerk of Court on

October 17, 2014.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the right,
title and interest to Defendant No. 1: $6,239,844.73 in United States currency, more or
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less; and Defendant No. 2: $246,089.09 in United States currency, more or less, is hereby
condemned, forfeited and vested in the United States of America, free and clear of the
claims of any person, and shall be disposed of according to law. The Court ORDERS that
judgment should be, and is hereby, entered in favor of plaintiff United States of America.
Upon entry of this order, the United States Marshals Service or other appropriate
governmental agency is directed to deliver the above-described property to the United
States of America for disposition according to law.
IT IS SO ORDERED this 22nd day of October, 2014.

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