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United States v. Chen

March 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
QI JIN CHEN, AKA JIMMY CHEN, DEFENDANT.



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

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreement entered into between plaintiff United States of America and defendant Qi Jin Chen, it is hereby

ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 18 U.S.C. § 2323(b), defendant Qi Jin Chen's interest in the property listed in Exhibit A attached hereto shall be condemned and forfeited to the United States of America, to be disposed of according to law.

2. The property listed in Exhibit A attached hereto constitutes property used, in any manner or part, to commit or to facilitate the commission of a violation of 18 U.S.C. § 2320(a).

Pursuant to 18 U.S.C. § 2323(b)(2)(B), the Court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law.

3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the property listed in Exhibit A attached hereto. The aforementioned property shall be seized and held by the Department of Homeland Security, U.S. Secret Service, in its secure custody and control.

4. a. Pursuant to 18 U.S.C. § 2323(b)(2)(A), incorporating 21 U.S.C. § 853(n), and Local Rule 171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice of the Department of Homeland Security, U.S. Secret Service's (or a designee's) intent to dispose of the property in such manner as the Attorney General may direct shall be posted for at least 30 consecutive days on the official internet government forfeiture site www.forfeiture.gov. The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.

b. This notice shall state that any person, other than the defendant, asserting a legal interest in the property listed in Exhibit A attached hereto, must file a petition with the Court within sixty (60) days from the first day of publication of the Notice of Forfeiture posted on the official government forfeiture site, or within thirty (30) days from receipt of direct written notice, whichever is earlier.

5. If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 2323(b),in which all interests will be addressed.

SO ORDERED this 15th day of March, 2010.

Exhibit A

1. Approximately 2,832 UL Power Strips,

2. Approximately 99 Chanel Handbags,

3. Approximately 52 Chanel Backpacks,

4. Approximately 54 Chanel Beanies,

5. Approximately 249 Chanel Scarves,

6. Approximately 32 Chanel Unfinished Wallets,

7. Approximately 110 Chanel Wallets,

8. Approximately 32 Disney Bags,

9. Approximately 61 Disney Pencil Sets,

10. Approximately 22 Ed Hardy Belts,

11. Approximately 87 Ed Hardy Emblems,

12. Approximately 9 Ed Hardy T-Shirts,

13. Approximately 23 Ed Hardy Jean Shorts,

14. Approximately 30 Jimmy Choo Handbags,

15. Approximately 11 Marvel Stickers,

16. Approximately 37 Marvel Wallets,

17. Approximately 2 Nickelodeon Stickers,

18. Approximately 91 Sharpie Pack Markers,

19. Approximately 19 UL Extension Cords,

20. Approximately 1 Versace Emblem,

21. Approximately 99 WWE Packs of Trading Cards,

22. Approximately 58 Burberry Beanies,

23. Approximately 60 Burberry Scarves,

24. Approximately 291 Coach Beanies,

25. Approximately 1 Coach Coin Purse,

26. Approximately 2,398 Coach ...


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