United States of America v. Approximately $2,147.00 in U.S. Currency et al
Filing
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CONSENT JUDGMENT OF FOREFEITURE signed by Judge Garland E. Burrell, Jr on 5/18/10 ORDERING that pursuant to the Stipulation for Consent Judgment of Forfeiture filed herein, the Court enters this CERTIFICATE OF REASONABLE CAUSE pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure of the above-described defendant currency and the Miscellaneous Counterfeit Goods listed in Exhibit A. CASE CLOSED. (Becknal, R)
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BENJAMIN B. WAGNER United States Attorney ROBIN R. TAYLOR Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700
IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 Pursuant to the Stipulation for Consent Judgment of 18 Forfeiture, the Court finds: 19 1. 20 District of California charged Yi Niu with a violation of 18 21 U.S.C. § 2320(a) - Trafficking in Counterfeited Goods. 22 Indictment also contained a forfeiture allegation. 23 2010, Niu plead to misprision of a felony in violation of 18 24 U.S.C. § 4. 25 2. 26 proceeding the government would show that from on or about April 27 2008, through on or about October 28, 2008, in the Eastern 28 District of California, Niu intentionally trafficked and attempted 1
Consent Judgment of Forfeiture
) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $2,147.00 IN ) U.S. CURRENCY, and ) ) MISCELLANEOUS COUNTERFEIT ) GOODS LISTED IN EXHIBIT A, ) ) Defendants. ) ) ______________________________)
UNITED STATES OF AMERICA,
2:10-MC-00044-JAM-KJN
CONSENT JUDGMENT OF FORFEITURE
On November 13, 2008, a Grand Jury in the Eastern
The
On April 16,
If this matter proceeded to trial in a civil forfeiture
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to traffic in goods, namely counterfeited sunglasses, jewelry and other items, knowingly using a counterfeited mark on and in connection with such goods, to wit, the spurious marks of Chanel, LaCoste, BeBe, Ed Hardy, Ray Ban, Gucci, Louis Vuitton, Coach, Versace, and others, which counterfeit marks were identical with and substantially indistinguishable from genuine marks in use and registered for those goods on the principal register in the United States Patent and Trademark Office, the use of which marks was likely to cause confusion, to cause mistake, and to deceive, in violation of 18 U.S.C. § 2320(a). 3. The Approximately $2,147.00 in U.S. Currency ("defendant
currency") constitutes or is derived from proceeds obtained directly or indirectly as a result of the commission of a violation of 18 U.S.C. § 2320(a). The Miscellaneous Counterfeit
Goods listed in Exhibit A attached hereto and incorporated herein, constitute property used, in any manner or part to commit or facilitate the commission of a violation of 18 U.S.C. § 2320(a). 4. Without admitting the truth of the factual assertions
contained herein, Niu specifically denying the same, and for the purpose of reaching an amicable resolution and compromise of this matter, Niu agrees that an adequate factual basis exists to support forfeiture of the defendant currency and the Miscellaneous Counterfeit Goods listed in Exhibit A. Niu hereby acknowledges
that he is the sole owner of the defendant currency and the Miscellaneous Counterfeit Goods listed in Exhibit A, and that no other person or entity has any legitimate claim of interest therein. Should any person or entity institute any kind of claim
or action against the government with regard to its forfeiture of 2
Consent Judgment of Forfeiture
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the defendant currency and the Miscellaneous Counterfeit Goods listed in Exhibit A, Niu agrees to hold harmless and indemnify the United States. 5. This Court has jurisdiction in this matter pursuant to 28
U.S.C. §§ 1345 and 1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture occurred. 6. This Court has venue pursuant to 28 U.S.C. § 1395, as
this is the judicial district in which the defendant currency and the Miscellaneous Counterfeit Goods listed in Exhibit A were seized. 7. The parties herein desire to settle this matter pursuant
to the terms of a duly executed Stipulation for Consent Judgment of Forfeiture. Based upon the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 8. The Court adopts the Stipulation for Consent Judgment of
Forfeiture entered into by and between the parties. 9. All right, title, and interest in the defendant currency
and the Miscellaneous Counterfeit Goods listed in Exhibit A shall be forfeited to the United States pursuant to 18 U.S.C. § 2323(a), to be disposed of according to law. Pursuant to 18 U.S.C. §
2323(a)(2), 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. 10. Plaintiff United States of America and its servants,
agents, and employees and all other public entities, their servants, agents and employees, are released from any and all liability arising out of or in any way connected with the seizure 3
Consent Judgment of Forfeiture
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and forfeiture of the defendant currency and the Miscellaneous Counterfeit Goods listed in Exhibit A. This is a full and final
release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure and/or forfeiture, as well as to those now known or disclosed. The parties have agreed to waive
the provisions of California Civil Code § 1542. 11. Pursuant to the Stipulation for Consent Judgment of
Forfeiture filed herein, the Court finds that there was reasonable cause for the seizure of the defendant currency and the Miscellaneous Counterfeit Goods listed in Exhibit A and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 12. No portion of the stipulated settlement, including
statements or admissions made therein, shall be admissible in any criminal action pursuant to Rules 408 and 410(4) of the Federal Rules of Evidence. The settlement was entered into by plaintiff
United States and potential claimant Niu for the purpose of compromising disputed claims under 18 U.S.C. § 2323, and should not be construed as, an admission of guilt or criminal culpability on the part of potential claimant Niu. 13. fees. IT IS SO ORDERED. All parties will bear their own costs and attorneys'
Dated:
May 18, 2010
GARLAND E. BURRELL, JR. United States District Judge
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Consent Judgment of Forfeiture
1 2 3 CERTIFICATE OF REASONABLE CAUSE 4 Pursuant to the Stipulation for Consent Judgment of 5 Forfeiture filed herein, the Court enters this Certificate of 6 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 7 reasonable cause for the seizure of the above-described defendant 8 currency and the Miscellaneous Counterfeit Goods listed in Exhibit 9 A. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5
Consent Judgment of Forfeiture
Dated:
May 18, 2010
GARLAND E. BURRELL, JR. United States District Judge
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Exhibit A 8 Baby Phat Sunglasses, 45 Bebe Sunglasses, 2 Chanel Earrings, 24 Chanel Key Chains, 1 Chanel Necklace, 1 Chanel Ring, 17 Chanel Sunglasses, 1 Christian Dior Bracelet, 3 Christian Dior Sunglasses, 11 Coach Key Chains, 69 Coach Sunglasses, 2 DKNY Necklaces, 15 Dolce & Gabbana Sunglasses, 34 Ed Hardy Belts, 43 Ed Hardy Handbags, 33 Ed Hardy Hats, 312 Ed Hardy Shirts, 20 Ed Hardy Sunglasses, 76 Ed Hardy Sweat Shirts, 1 Pair Escada Sunglasses, 5 Fendi Sunglasses, 10 Gucci Sunglasses, 3 Juicy Couture Earrings, 4 Juicy Couture Necklaces, 29 Juicy Couture Sunglasses, 1 Pair Lacoste Sunglasses, 1 Pair Oakley Sunglasses, 9 Ray Ban Sunglasses, 1 Sanrio Key Chain, 10 Tiffany & Co. Bracelets, 2 Tiffany & Co. Necklaces, and 7 Versace Sunglasses.
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Consent Judgment of Forfeiture
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