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Unted States v. Chau

United States District Court, D. Massachusetts

February 1, 2018

UNITED STATES OF AMERICA
v.
1 VIRAYUTH CHAU a/k/a David, a/k/a Thai, and a/k/a Virak Yuth,

          FINAL ORDER OF FORFEITURE

          NATHANIEL M. GORTON UNITED STATES DISTRICT JUDGE

         WHEREAS, on August 31, 2016, a federal grand jury sitting in the District of Massachusetts returned a two-count Indictment, charging defendant Virayuth Chau, a/k/a David, a/k/a Thai, a/k/a Viray Yuth (the "Defendant"), and another, with Conspiracy to Distribute and Possess with Intent to Distribute Marihuana, in violation of 21 U.S.C. § 846 (Count One), and Conspiracy to Launder Monetary Instruments, in violation of 18 U.S.C. § 1956(h) (Count Two);

         WHEREAS, the Indictment included a Drug Forfeiture allegation, pursuant to 21 U.S.C. § 853, which provided notice that the United States intended to seek the forfeiture, upon conviction of the Defendant of the offense alleged in Counts One of the Indictment, of any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the offense; and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such offense;

         WHEREAS, the Indictment also included a Money Laundering Forfeiture Allegation, pursuant to 18 U.S.C. § 982(a)(1), which provided notice that the United States intended to seek the forfeiture, upon conviction of the Defendant of the offense alleged in Count Two of the Indictment, of any property, real or personal, involved in such offense, and any property traceable to such property;

         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, described in the above-referenced paragraph, pursuant to 21 U.S.C. § 853(p), and 18 U.S.C. § 982(b)(1), incorporating 21 U.S.C. § 853(p);

         WHEREAS, on March 23, 2017, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Defendant pled guilty to Counts One and Two of the Indictment, pursuant to a written plea agreement that he signed on the same date;

         WHEREAS, in Section 8 of the plea agreement, the Defendant admitted that the following properties were subject to forfeiture because they constitute, or were derived from, proceeds of Defendant's offenses, and they were involved in Defendant's offenses charged in Counts One through Two of the Indictment:

a. real property located at 59195 Gilman Road, Anza, California, Riverside County bearing Assessor's Parcel Number 576200050 (the "Gilman Road Property");[1]
b. real property located at 838 East Mission Road, Fallbrook, California, San Diego County, recorded on August 19, 2016, Trustees Deed bearing Document No. 2016-0427497;
c. real property located at 33878 Linda Rosea Road, Temecula, California, Riverside County, recorded on November 16, 2012, Grant Deed bearing Document No. 2012-0556231;[2]
d. real property located at 60771 Indian Paint Brush Road, Anza, California, Riverside County, recorded on July 31, 2014, Grant Deed bearing Document No. 2014-0288099 (the "Indian Paint Brush Road Property");
e. real property located at 61110 Coyote Canyon Road, Anza, California, Riverside County, recorded on December 3, 2014, Grant Deed bearing Document No. 2014-0461494 (the "Coyote Canyon Road Property");[3] and
f. real property located at 39575 Anzanita Lane, Anza, California, Riverside County, recorded on August 19, 2014, Grant Deed bearing Document No. 2014-0312964 recorded on August 19, 2014 ...

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