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United States v. $442

United States District Court, W.D. Missouri, Western Division

January 17, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
$442, 992.97 IN UNITED STATES CURRENCY SEIZED FROM WELLS FARGO ACCOUNT NUMBER 1838647582, et al., Defendants.

          THIRD ORDER OF PARTIAL JUDGMENT OF FORFEITURE

          GREG KAYS, CHIEF JUDGE.

         Plaintiff, United States of America, filed a verified amended complaint for Forfeiture in Rem (Doc. 35) against Defendants-properties. The Amended Complaint alleges that Defendants were involved in a transaction or attempted transaction in violation of 18 U.S.C. §§ 1956(a) and (h), 1957 and 1960 and are properties traceable to property involved in a transaction or attempted transaction in violation of 18 U.S.C. §§ 1956 and 1957. The Amended Complaint also alleged that Defendants are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) because they constitute any property, real or personal, which constitutes or is derived from proceeds traceable to any offense constituting “specified unlawful activity” (as defined in Section 1956(c)(7)), or a conspiracy to commit such offense, with such offenses including violations of 18 U.S.C. §§ 1343 (wire fraud), 2318 (trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging), and 1029 (access device fraud). The Amended Complaint further alleged that the properties are subject to forfeiture pursuant to 18 U.S.C. § 2323, because they constitute or were derived from proceeds obtained directly or indirectly as a result of the commission of a violation of 18 U.S.C. § 2318.

         Process was fully issued in this action and returned according to law. Pursuant to a warrant for arrest of property issued by this Court, the United States Department of Homeland Security arrested Defendants on July 13, 2015.

         The following known potential claimants were served the Notice of Complaint and Complaint for Forfeiture In Rem and have acknowledged service thereof-

. Rex Yang, Jr.,
. Yang and Schwartz Properties, LLC,
. Digisoft, LLC,
. JP&E Enterprises, Inc.,
. Soft Deals, LLC,
. Jake Schwartz,
. Friendly Earth,
. Premiere Software, Inc., and
. SHK Group, PLLC.

         Any and all other potential claimants have been notified of the action and of their rights to assert a claim for the Defendants by publication for thirty consecutive days beginning on March 21, 2015, and ending on April 19, 2015, and for thirty consecutive days beginning on June 6, 2015, and ending on July 5, 2015, on the official government internet site, www.forfeiture.gov. A copy of the Declaration of Publication is on file with this Court.

         The United States and the claimants Rex Yang, Jr., Yang and Schwartz Properties, LLC, Digisoft, LLC, JP&E Enterprises, Inc., Soft Deals, LLC, and Jake Schwartz entered into a stipulation (Doc. 98-1), which is hereby APPROVED as submitted. Pursuant to the stipulation the claimants agree to forfeit to the United States the following property:

. $87, 667.23 seized from Wells Fargo Bank account number 2808610824, in the name of Digisoft, LLC, with Jake Schwartz and Rex Yang as signors;
. $159, 088.99 in United States currency seized from Wells Fargo Bank account number 3108115274 in the name of JP&E Enterprises, Inc., with Yang, as a signor of this account;
. $15, 691.52 in United States currency seized from Wells Fargo Bank account number 3089318541 in the name of Yang, who is also a signor of this account;
. $631, 197.08 in United States currency seized from Wells Fargo Bank account number 1156163832 in the name of Yang, who is also a ...

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