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United States of America v. Approximately $296

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 5, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $296,000.00 SEIZED FROM JP MORGAN CHASE BANK NATIONAL ASSOCIATION, THE CORRESPONDENT BANK FOR KOREA EXCHANGE BANK ACCOUNT NUMBER 006290094519*FN1 , AND APPROXIMATELY $50,000.00 SEIZED FROM JP MORGAN CHASE BANK NATIONAL ASSOCIATION, THE CORRESPONDENT BANK FOR NATIONAL AGRICULTURAL COOPERATIVE FEDERATION ACCOUNT NUMBER 006550294616*FN2 , DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

This matter is before the Court on plaintiff United States' Ex Parte Motion for Default Judgment and Final Judgment of Forfeiture filed June 12, 2012. The Magistrate Judge has recommended that the United States' motion for default judgment be granted. The time for objecting to the Findings and Recommendations Regarding Plaintiff's Ex Parte Application for Default Judgment have passed and no timely objections have been filed. An order adopting the Findings and Recommendations Regarding Plaintiff's Ex Parte Application for Default Judgment was filed on August 30, 2012. Based on the Magistrate Judge's Findings and Recommendations Regarding Plaintiff's Ex Parte Application for Default Judgment, the order adopting the Findings and Recommendations Regarding Plaintiff's Ex Parte Application for Default Judgment, and the files and records of the Court, it is

ORDERED, ADJUDGED, AND DECREED:

1. The Court adopts the Magistrate Judge's August 8, 2012, Findings and Recommendations Regarding Plaintiff's Ex Parte Application for Default Judgment in full.

2. Barun Law, Chong Sin Theological Seminary, Han Sik Kim, Byung Hyun Lee, Seo Ae Sook, and Seo By Young Lark Presbyterian Church are held in default.

3. A judgment by default is hereby entered against any right, title, or interest in the defendant approximately $296,000.00 seized from JP Morgan Chase Bank National Association, the correspondent bank for Korea Exchange Bank account number 544770599, of Barun Law, Chong Sin Theological Seminary, Han Sik Kim, Byung Hyun Lee, Seo Ae Sook, Seo By Young Lark Presbyterian Church, and all other potential claimants who have not filed claims in this action.

4. A final judgment is hereby entered forfeiting all right, title, and interest in the defendant approximately $296,000.00 seized from JP Morgan Chase Bank National Association, the correspondent bank for Korea Exchange Bank account number 544770599, to be disposed of according to law, including all right, title, and interest of Barun Law, Chong Sin Theological Seminary, Han Sik Kim, Byung Hyun Lee, Seo Ae Sook, and Seo By Young Lark Presbyterian Church, subject to the interest of Korea Exchange Bank (hereafter "KEB") pursuant to the Stipulation for Final Judgment of Forfeiture Re Korea Exchange Bank filed on June 12, 2012.

5. All right, title, and interest in $52,120.19 of the defendant approximately $296,000.00 seized from JP Morgan Chase Bank National Association, the correspondent bank for Korea Exchange 2 Default Judgment and Final Judgment of

Forfeiture

Bank account number 544770599, together with any interest that may have accrued on that amount, shall be forfeited to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C), to be disposed of according to law.

6. Upon entry of this Default Judgment and Final Judgment of Forfeiture, but no later than 45 days thereafter, $243,879.81 of the defendant approximately $296,000.00 seized from JP Morgan Chase Bank National Association, the correspondent bank for Korea Exchange Bank account number 544770599, together with any interest that may have accrued on that amount, shall be returned to Korea Exchange Bank.

7. All parties shall bear their own costs and attorneys' fees.

The clerk is directed to close this action.

IT IS SO ORDERED.


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