United States of America v. 20,922.706 Shares

Filing 18

FINAL ORDER OF FORFEITURE. Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 UNITED STATES OF AMERICA,
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Plaintiff,

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No. 1:15-cv-03047-SAB

v.

12 20,922.706 SHARES TO INCLUDE ALL

FINAL ORDER OF

13 PAST AND FUTURE SEMI-ANNUAL

FORFEITURE

14 DIVIDEND DISTRIBUT10NS EARNED
15 ON THE 20,922706 SHARES FROM
16 FRANKLIN TEMPLETON INVESTOR
17 SERVICES LLC ACCOUNT XXX,
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Defendant.

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Plaintiff, United States of America, alleged in a Verified Complaint for

21 Forfeiture In Rem that the Defendant shares and dividends are subject to forfeiture
22 to the United States pursuant to 18 U.S.C. § 981(a)(1)(C). ECF No. 1.
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The Court has jurisdiction over this matter by virtue of 28 U.S.C. §§ 1345

24 and 1355. Venue is proper pursuant to 28 U.S.C. § 1395.
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The Defendant property being forfeited is described as follows:

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ACCOUNT/SHARES

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The value in U.S. funds upon the date of liquidation of the

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20,922.706 Shares seized by the Federal Bureau of Investigation,
ORDER GRANTING UNITED STATES’ MOTION FOR ENTRY OF THE
FINAL ORDER OF FORFEITURE ~ 1

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pursuant to a federal seizure warrant, from Franklin Templeton

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Investor Services LLC account XXX-X3201, which were held in the

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name of Dr. Sawraj Singh, plus the value of the total government

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dividend shares totaling 1,457.530 acquired through the redistribution

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of the original shares through December 31, 2014.

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On June 16, 2015, and July 7, 2015, the United States Marshals Service

7 executed the Warrant of Arrest In Rem. The returned warrants were filed with the
8 Court under the above cause number on July 10, 2015. ECF No. 6.
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In accordance with Fed. R. Civ. P. Rule G(4)(a)(iv)(C), Supplemental Rules

10 for Admiralty or Maritime Claims and Asset Forfeiture Actions, notice of civil
11 forfeiture was posted on an official government website, www.forfeiture.gov,
12 beginning May 20, 2015, through June 18, 2015. ECF No. 7, 7-1 and 7-2. Based
13 upon the internet publication start date of May 20, 2015, the last date to file a
14 timely claim, if direct notice was not received, was July 19, 2015.
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On or about July 14, 2015, GURINDER JEET KAUR SINGH was served in

16 care of Attorney Ronald Friedman, via certified mail, return receipt requested,
17 with a copy of the Verified Complaint for Forfeiture In Rem, the Praecipe,
18 Warrant of Arrest In Rem, and Notice of Complaint for Forfeiture. ECF No. 8. The
19 file reflects that the United States Attorney’s Office received the certified mail
20 return receipt card on July 20, 2015. The return receipt card indicates that the
21 mailing was received on July 17, 2015. Based upon the direct notice service date
22 of July 14, 2015, GURINDER JEET KAUR SINGH’s deadline to file a timely
23 claim was August 18, 2015. To date, no response, or claim of interest has been
24 received by the United States or filed with the Court, and the time allowed for
25 filing of its claim has expired. On or about September 16, 2015, the United States
26 filed its Notice of Motion for Default, which was served via certified mail in care
27 of Attorney Ronald Friedman. ECF No. 10. The file reflects that the United States
28 Attorney’s Office received the certified mail return receipt card on September 22,
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1 2015. The return receipt card indicates that the mailing was received on September
2 18, 2015. On October 6, 2015, a Clerk’s Order of Default was entered against
3 GURINDER JEET KAUR SINGH. ECF No. 15.
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On or about July 14, 2015, SAWRAJ SINGH, was served in care of

5 Attorney Ronald Friedman, via certified mail, return receipt requested, with a copy
6 of the Verified Complaint for Forfeiture In Rem, the Praecipe, Warrant of Arrest
7 In Rem, and Notice of Complaint for Forfeiture. ECF No. 9. The file reflects that
8 the United States Attorney’s Office received the certified mail return receipt card
9 on July 20, 2015. The return receipt card indicates that the mailing was received
10 on July 17, 2015. Based upon the direct notice service date of July 14, 2015,
11 SAWRAJ SINGH’s deadline to file a timely claim was August 18, 2015. On or
12 about September 16, 2015, the United States filed its Notice of Motion for Default,
13 which was served via certified mail in care of Attorney Ronald Friedman. ECF No.
14 11. The file reflects that the United States Attorney’s Office received the certified
15 mail return receipt card on September 23, 2015. The return receipt card indicates
16 that the mailing was received on September 18, 2015. On October 6, 2015, a
17 Clerk’s Order of Default was entered against SAWRAJ SINGH. ECF No. 14.
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No claims to the Defendant shares and dividends have been received.

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It appearing to the Court that any and all potential claimant interests in the

20 Defendant shares and dividends have been resolved as follows:
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1) On October 6, 2015 a Clerk’s Order of Default was entered against

22 GURINDER JEET KAUR SINGH. ECF No. 15.
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2) On October 6, 2015 a Clerk’s Order of Default was entered against

24 SAWRAJ SINGH. ECF No. 14.
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It also appearing to the Court that no other timely claims have been made to

26 the Defendant shares and dividends;
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Accordingly, IT IS HEREBY ORDERED:

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1. The Defendant shares and dividends are hereby forfeited to the United
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1 States of America, and no right, title, or interest shall exist in any other person.
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2. Fiduciary Trust International of the South shall liquidate and remit the

3 value of the Defendant shares and dividends, in U.S. funds, less the mandatory
4 20% federal withholding, to the United States Marshal’s Service.
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3. The United States Marshals Service shall dispose of the forfeited

6 Defendant shares and dividends in accordance with law.
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4. The Court shall retain jurisdiction in the case for the purpose of

8 enforcing or amending this order.
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IT IS SO ORDERED. The District Court Executive is hereby directed to

10 file this Order and provide copies to counsel.
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DATED this 3rd day of December, 2015.

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Stanley A. Bastian

United States District Judge

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ORDER GRANTING UNITED STATES’ MOTION FOR ENTRY OF THE
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