JOINT STATUS REPORT, STIPULATION FOR STAY, AND ORDER
Plaintiff United States of America ("Plaintiff") and claimants Bang Thai Tang ("Tang"), Joanne Tseng ("Tseng"), Liang Yong Ming ("Ming"), and Yin Shao Liang ("Liang") submit the following Joint Status Report, Stipulation for Stay, and Order [Proposed] in accordance with the Court's Order Requiring Joint Status Report in this matter.
A. Brief Summary of Claims
Plaintiff alleges in the Verified Complaint for Forfeiture In Rem ("Verified Complaint") that the defendant Approximately $21,343.00 in U.S. Currency ("defendant funds") are forfeitable to the United States because they are things of value furnished or intended to be furnished in exchange for a controlled substance or listed chemical in violated of 21 U.S.C. § 841 et seq. and/or are proceeds traceable to such an exchange. Alternatively, Plaintiff alleges in the Verified Complaint that the defendant funds are forfeitable to the United States because their transport from China into the United States and subsequent receipt in the United States from China were not reported under 31 U.S.C. § 5316(a).
Plaintiff further alleges in the Verified Complaint that defendant one 2006 Lexus GX470 -- VIN: JTJBT20X160112420, California License Plate Number: 5TMF645 ("defendant Lexus") is forfeitable to the United States because it was used to facilitate drug-trafficking in violation of 21 U.S.C. § 841 et seq.
Plaintiff further alleges in the Verified Complaint that defendant one 2008 Ducati Motorcycle Monster 695 -- VIN: ZDM1RADM38B109439, California License Plate Number: 19C2435 ("defendant Ducati") is forfeitable to the United States because it was a thing of value furnished or intended to be furnished in exchange for a controlled substance or listed chemical in violation of 21 U.S.C. § 841 et seq. and/or constitutes proceeds traceable to such an exchange.
Liang claims ownership of $2,700 of defendant funds; Tang claims ownership of $667 of defendant funds and defendant Ducati; Ming and Tseng claim ownership of defendant Lexus and defendant funds (less $2,700 and $667 being claimed by Liang and Tang, respectively). John Balazs ("Balazs"), counsel for claimants, requested an extension of time until April 3, 2009, to file the answers of claimants Liang, Tang, Ming and Tseng, to which request the Plaintiff has agreed.
B. Status of Service on Defendant and Potential Claimants
The Warrant and Summons for Arrest In Rem issued in this matter on December 18, 2008 was served on defendant funds on December 22, 2008, and on defendants Lexus and Ducati on January 7, 2009.
All individuals known or suspected of having an interest in the defendant assets have been served. In addition, plaintiff published notice of this forfeiture action on the official government site, www.forfeiture.gov for at least 30 consecutive days, beginning December 22, 2008. No further service or publication is contemplated.
C. Possible Joinder of Additional Parties
The parties do not anticipate the joinder of additional parties.
D. Contemplated Amendments to the ...