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United States v. Kim

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 28, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TU KIM, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

FINAL ORDER OF FORFEITURE

WHEREAS, on or about November 4, 2009, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. § 2323(b)*fn1 , based upon the plea agreement entered into between plaintiff and defendant Tu Kim forfeiting to the United States the following property:

a. Approximately 1 M&N NBA jersey,

b. Approximately 2 M&N NFL jerseys,

c. Approximately 4 Reebok NFL jerseys,

d. Approximately 10 Reebok NBA jerseys,

e. Approximately 5 Majestic MLB jerseys,

f. Approximately 1 Nike NBA jersey, and

g. Approximately 1 Majestic NBA jersey.

AND WHEREAS, beginning on November 7, 2009, for at least 30 consecutive days, the United States published notice of the Court's Order of Forfeiture on the official internet government forfeiture site www.forfeiture.gov. Said published notice advised all third parties of their right to petition the court within sixty (60) days from the first day of publication of the notice for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

AND WHEREAS, the Court has been advised that no third party has filed a claim to the subject property, and the time for any person or entity to file a claim has expired.

Accordingly, it is hereby ORDERED and ADJUDGED:

1. A Final Order of Forfeiture shall be entered forfeiting to the United States of America all right, title, and interest in the above-listed property pursuant to 18 U.S.C. § 2323(b), to be disposed of according to law, including all right, title, and interest of Tu Kim. Pursuant to 18 U.S.C. § 2323(b)(2)(B), any forfeited article or component of an article bearing or consisting of a counterfeit mark shall be destroyed or otherwise disposed of according to law.

2. All right, title, and interest in the above-listed property shall vest solely in the United States of America.

3. The U.S. Secret Service shall maintain custody of and control over the subject property until it is disposed of according to law.


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