Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Chen

United States District Court, D. Massachusetts

September 25, 2017

UNITED STATES OF AMERICA
v.
WEI XING CHEN Defendant.

          PRELIMINARY ORDER OF FORFEITURE OF SUBSTITUTE ASSETS IN PARTIAL SATISFACTION OF MONEY JUDGMENT

          NATHANIEL M. GORTON UNITED STATES DISTRICT JUDGE

         WHEREAS, on August 16, 2012, a federal grand jury sitting in the District of Massachusetts returned a four-count Superseding Indictment, charging Wei Xing Chen (the "Defendant"), with Conspiracy To Possess with Intent to Distribute and To Distribute BZP, in violation of 21 U.S.C. § 846 (Count One), Possession with Intent to Distribute and To Distribute BZP, in violation of 21 U.S.C. § 841(a)(1) (Count Two), Conspiracy to Violate the Mann Act, in violation of 18 U.S.C. §§ 371, and 2422(a) (Count Three), and Money Laundering Conspiracy, in violation of 18 U.S.C. § 1956(h) (Count Four);

         WHEREAS, the Indictment also included a Drug Forfeiture Allegation, providing notice that the United Stated intended to seek the following property:

a. a money judgment equal to the total amount of gross drug proceeds.

         WHEREAS, the Indictment further provided that, if any of the above-described forfeitable property, as a result of any act or omission by the Defendant, (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty, the United States is entitled to seek forfeiture of any other property of the Defendant, up to the value of such assets, pursuant to 21 U.S.C. § 853(p);

         WHEREAS, on July 9, 2013, this Court issued an Order of Forfeiture (Money Judgment) consisting of a personal money judgment against the Defendant in the amount of $8, 000 in United States currency (the "Money Judgment"), pursuant to 21 U.S.C. § 853, and the United States is entitled to amend its Order of Forfeiture (Money Judgment) at any time to include substitute property having a value not to exceed that of the Money Judgment, in whole or in part;

         WHEREAS, the United States has identified the following property that is subject to forfeiture:

a. $3, 000 in United States currency in Wei Xing Chen's inmate trust account (the "Property); and

         WHEREAS, pursuant to the Money Judgment and Rule 32.2(e) of the Federal Rules of Criminal Procedure, the United States is now entitled to a Preliminary Order of Forfeiture of Substitute Assets in Partial Satisfaction of Money Judgment against the Property, and such Preliminary Order of Forfeiture should authorize the United States Marshals Service to seize the Property, and to maintain the Property in its secure custody and control.

         ACCORDINGLY, it is hereby ORDERED, ADJUDGED AND DECREED that:

1. Pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure, the Court finds that the Property is hereby forfeited to the United States of America for disposition pursuant to 21 U.S.C. § 853(p).
2. Pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, the United States is hereby authorized to seize the Property and maintain it in its secure custody and control.
3. Pursuant to 21 U.S.C. § 853(n)(1), the United States shall publish, for thirty (30) consecutive calendar days on the government forfeiture website www.forfeiture.gov, notice of the Preliminary Order of Forfeiture for Substitute Assets in Partial Satisfaction of Money Judgment and notice of the United States' intent to dispose of the Property.
4. Pursuant to 21 U.S.C. ยง 853(n)(1), the United States shall give, to the extent practicable, direct written notice to any person known to have alleged an ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.