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United States v. Nosar

September 16, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SARET NOSAR, SOMACHY KEO, KANARY KHIN, SEAN EANG, AND PANG YEAN, DEFENDANTS.



The opinion of the court was delivered by: John A. Mendez United States District Judge

PRELIMINARY ORDER OF FORFEITURE

Upon the application for preliminary order of forfeiture, the Court makes the following FINDINGS AND ORDERS:

1. As the result of the guilty pleas of Saret Nosar, Pang Yean, and Kanary Khin to Count One of the Indictment which charges them with conducting an illegal gambling business in violation of 18 U.S.C. § 1955(a), the defendants, and each of them, shall forfeit to the United States the following:

a. Approximately $33,952 in U.S. currency seized at the residence controlled by Saret Nosar at 911 New Depot Street, #12, Los Angeles, California, on October 8, 2008, plus any interest that may have accrued;

b. Approximately $100,000 seized in the form of cashiers check number 111778 of the 1st International Bank at the residence controlled by Saret Nosar at 911 New Depot Street, #12, Los Angeles, California, on October 8, 2008, plus any interest that may have accrued;

c. Approximately $3,000 seized in the form of cashiers check number 111777 of the 1st International Bank at the residence controlled by Saret Nosar at 911 New Depot Street, #12, Los Angeles, California, on October 8, 20081, plus any interest that may have accrued;

d. Approximately $2,279.49 in U.S. currency seized on Pang Yean's person in Modesto, California, on October 8, 2008, plus any interest that may have accrued;

e. Approximately $10,237 in U.S. currency seized at the residence of Pang Yean at 2040 Minoso Drive, Modesto, California, on October 8, 2008, plus any interest that may have accrued; and

f. Approximately $10,000 in U.S. currency seized at Kanary Khin's and Sean Eang's residence at 3834 Brayton Avenue, Long Beach, California, on October 8, 2008, plus any interest that may have accrued.

2. The Court finds, based upon the application for preliminary order of forfeiture, the guilty pleas and plea agreements of Saret Nosar, Pang Yean, and Kanary Khin, and the Court's files and records in this action, that the above-listed property is subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C), 18 U.S.C. § 1955(d), and 28 U.S.C. § 2461(c).

3. The Court finds that the above-listed properties: (1) constitute or are derived from proceeds traceable to a violation of 18 U.S.C. § 1955(a) as charged in Count One of the Indictment; and

1 On October 9, 2008, the government obtained seizure warrants for the original cashiers checks made payable to Gul S. Nosar that were seized from the residence he controlled. The seizure warrants authorized the government to seize and negotiate the cashiers checks. The seizure warrants were executed and the above-listed cashiers checks (b and c) were delivered to the U.S. Marshals Service.

(2) constitute property, including money, used in violation of 18 U.S.C. § 1955(a) as charged in Count One of the Indictment.

4. Within forty-five (45) days from entry of a Final Order of Forfeiture forfeiting the above-listed properties, the U.S. Marshals Service shall return the ...


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