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United States v. Vue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 14, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
AMANDA MAY VUE (7), DEFENDANT.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

AMENDED ORDER OF CRIMINAL FORFEITURE

On January 19, 2010, this Court entered its Preliminary Order of Criminal Forfeiture, which condemned and forfeited to the United States all right, title and interest of AMANDA MAY VUE (7) in the properties listed in the Forfeiture Allegation of the Superseding Information, namely,

1) a 1999 Porsche 9ll Carrera, California license #5MWX189, VIN#WP0AA2992XS623892;

2) a 2006 Land Rover, California license #6DJL816, VIN#SALSF25426A923266;

3) 2003 Mercedes Roadster, California license #5YKD384, VIN#WDBSK75F93F029621;

4) 2006 Honda Civic, California license #6ANZ308, VIN# 2HGFG12806H517562;

5) 1965 Ford Coupe Classic, California license #5LYC100, VIN# 5R09A135050;

6) 1968 Chevrolet Classic, California license #6GGV018, VIN#124378N350407;

7) 2-18k hoop earrings, 1 gram gold;

8) 1-14k yellow gold ruby and diamond ring;

9) 1-pair 22k gold loop earrings, 3 grams gold;

10) 4 coin pendants 22k and pure gold coins with 3 in bezels, total gold weight 22.8 grams;

11) 1-22k gold chain with "S" link clasp, gold weight 15.1 grams;

12) 2 Men's yellow metal rings with black onyx stones, total weight 15.1 grams; and

13) 1-Man's 18k Rolex Submariner watch with stainless steel blue face.

For thirty (30) consecutive days ending on March 12, 2010, the United States published on the Government's forfeiture website, www.forfeiture.gov, notice of the Court's Order and the United States' intent to dispose of the properties in such manner as the Attorney General may direct, pursuant to 21 U.S.C. § 853(n) and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, and further notifying all third parties of their right to petition the Court within thirty (30) days of the final publication for a hearing to adjudicate the validity of their alleged legal interest in the property.

On February 12, 2010, Notice of Order of Forfeiture was sent by certified mail as follows: Name and Address Article No. Result Chang V. Vang 7007 2560 0001 9143 9194 Signed for as received 2352 Finch Lane on 2/13/10 San Diego CA 92123 Nicholas Vang 7007 2560 0001 9143 9200 Signed for as received 2352 Finch Lane on 2/13/10 San Diego CA 92123 William V. Vang 7007 2560 0001 9143 9217 Signed for as received 10615 Mathieson Street on 2/13/10 San Diego CA 92129 Anthony Vang (1) 7007 2560 0001 9143 9224 Signed for as received c/o Frank J. Ragen, II on 2/16/10 Attorney at Law 105 West F Street, Suite 215 San Diego CA 92101 Sean Michael Smith (2) 7007 2560 0001 9143 9231 Signed for as received c/o Timothy A. Scott on 2/16/10 Attorney at Law 1350 Columbia Street, Suite 600 San Diego CA 92101 Name and Address Article No. Result Justino Rochin, III (3) 7007 2560 0001 9143 9248 Signed for as received c/o Patrick Q. Hall, Esq. on 2/16/10 Seltzer Caplan McMahon Vitek 750 B Street, Suite 2100 San Diego CA 92101-4605 Kenny Bedoya (4) 7007 2560 0001 9143 9255 Signed for as received c/o Brian D. Kennedy on 2/16/10 Attorney at Law P.O. Box 1477 Solana Beach CA 92075 Sai Yang (5) 7007 2560 0001 9143 9262 Signed for as received c/o Benjamin P. Lehman on 2/16/10 Attorney at Law 964 Fifth Avenue, Suite 303 San Diego CA 92101 Nang Chang (6) 7007 2560 0001 9143 9279 Signed for as received c/o Gary Paul Burcham on 2/16/10 Attorney at Law 964 Fifth Avenue, Suite 300 San Diego CA 92101 Marla Laree Caniglia (8) 7007 2560 0001 9143 9286 Signed for as received c/o Richard J. Boesen on 2/16/10 Attorney at Law 1230 Columbia Street, Suite 650 San Diego CA 92101-8571

On or about April 7, 2010, a Petition for Remission or Mitigation from Kinecta Federal Credit Union ("Kinecta") as to asset number 3, the 2003 Mercedes Roadster, California license #5YKD384, VIN#WDBSK75F93F029621 ("2003 Mercedes"), was received by the Federal Bureau of Investigation (FBI). Kinecta's claim to the 2003 Mercedes is based upon a retail installment agreement with Amanda M. Vue, initiated on or about February 5, 2007. The United States recognizes the validity and priority of the interest of Kinecta in said 2003 Mercedes.

Thirty (30) days have passed following the final date of notice by publication and notice by certified mail, and no third party has made a claim to or declared any interest in the forfeited property described above except Kinecta Federal Credit Union in the 2003 Mercedes.

Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, as a result of the failure of any third party except Kinecta to come forward or file a petition for relief from forfeiture as provided by law, all right, title and interest of AMANDA MAY VUE (7) and any and all third parties in the following properties (except Kinecta, in the 2003 Mercedes) are hereby condemned, forfeited and vested in the United States of America:

1) a 1999 Porsche 9ll Carrera, California license #5MWX189, VIN#WP0AA2992XS623892;

2) a 2006 Land Rover, California license #6DJL816, VIN#SALSF25426A923266;

3) 2003 Mercedes Roadster, California license #5YKD384, VIN#WDBSK75F93F029621;

4) 2006 Honda Civic, California license #6ANZ308, VIN# 2HGFG12806H517562;

5) 1965 Ford Coupe Classic, California license #5LYC100, VIN# 5R09A135050;

6) 1968 Chevrolet Classic, California license #6GGV018, VIN#124378N350407;

7) 2-18k hoop earrings, 1 gram gold;

8) 1-14k yellow gold ruby and diamond ring;

9) 1-pair 22k gold loop earrings, 3 grams gold;

10) 4 coin pendants 22k and pure gold coins with 3 in bezels, total gold weight 22.8 grams;

11) 1-22k gold chain with "S" link clasp, gold weight 15.1 grams;

12) 2 Men's yellow metal rings with black onyx stones, total weight 15.1 grams; and

13) 1-Man's 18k Rolex Submariner watch with stainless steel blue face.

IT IS FURTHER ORDERED that costs incurred by the United States Marshals Service, the Federal Bureau of Investigation and any other governmental agencies which were incident to the seizure, custody and storage of the properties be the first charge against the forfeited properties.

IT IS FURTHER ORDERED that the United States Marshals Service shall dispose of the forfeited properties according to law, including but not limited to, the return of the 2003 Mercedes to Kinecta Federal Credit Union.

20100514

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