Consent Preliminary Order of Forfeiture — United States v. Yun Jae Moon (Dkt. 23, N.D. Ga.)
Summary
In this Consent Preliminary Order of Forfeiture, entered June 17, 2021 by U.S. District Judge J. P. Boulee in United States v. Yun Jae Moon (Criminal Action No. 1:21-CR-00064-JPB-AJB, N.D. Ga.), the court orders forfeiture after Moon pleaded guilty to Count One of the indictment. The order lists Moon's aliases as Moon Ho Roh, Joon Moon, Alex Moon and Jake Moon. The forfeited property is $43,276.11 seized from a Fifth Third Bank account in the name of Yun J. Moon and $50,004.23 seized from a second Fifth Third Bank account. The United States must publish notice and send written notice to potential claimants, who may petition for a hearing within thirty days. The order is final as to the defendant and preliminary as to third parties until the ancillary proceeding concludes.
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Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
V. Criminal Action No.
1:21-CR-00064-JPB-AJB
YUN JAE MOON, A/K/A MOON HO ROH,
A/K/A JOON MOON, A/K/A ALEX MOON,
A/K/A JAKE MOON
CONSENT PRELIMINARY ORDER OF
FORFEITURE
Yun Jae Moon, a/k/a Moon Ho Roh, a/k/a Joon Moon, a/k/a Alex Moon,
a/k/a Jake Moon having pled guilty to Count One of the Indictment, pursuant to
which the United States sought forfeiture of certain property under 18 U.S.C. §§
981(a)(l)(C) and 28 U.S.C. § 2461(c) and the Court having determined that the
property described below is subject to forfeiture pursuant thereto, that the
Government has established the requisite nexus between said property and the
offense charged in Count One of the Indictment and Defendant having
consented to this Consent Preliminary Order of Forfeiture becoming final as to
him, being made a part of his sentence and being included in the judgment against
him;
IT IS HEREBY ORDERED that Yun Jae Moon, a/k/a Moon Ho Roh, a/k/a
Joon Moon, a/k/a Alex Moon, a/k/a Jake Moon shall forfeit to the United States
the following property pursuant to18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c):
a. $43,276.11 in funds seized from Fifth Third Bank account number
XXXXXX3063 held in the name of Yun J. Moon; and
b. $50,004.23 in funds seized from Fifth Third Bank account number
XXXXXX4230.
IT IS HEREBY ORDERED that upon entry of this Order, the United States
Attorney General, or his designee, is authorized to seize the property in
accordance with Fed. R. Crim. P. 32.2(b)(3).
The United States shall publish notice of this Order and its intent to dispose
of the property in accordance with Fed. R. Crim. P. 32.2(b)(6) and in such a manner
as described in Supplemental Rule G(4)(a)(iii) and (iv) of the Federal Rules of Civil
Procedure. The United States shall send written notice, in accordance with
Supplemental Rule G(4)(b)(iii)-(v), to any person who reasonably appears to be a
potential claimant with standing to contest the forfeiture of the above-listed
property in the ancillary proceeding.
Pursuant to 21 U.S.C. § 853(n)(2), as incorporated by 28 U.S.C. § 2461(c), any
person, other than the named Defendant, asserting a legal interest in the property
may within thirty days of the final publication of the notice or their receipt of the
notice, whichever is earlier, petition the Court for a hearing without a jury to
adjudicate the validity of their alleged interest in the property and for an
amendment to the order of forfeiture. Any petition filed by a third party asserting
an interest in the property shall be signed by the petitioner under penalty of
perjury and shall set forth the nature and extent of the petitioner’s right, title or
interest in the property, the time and circumstance of the petitioner’s acquisition
of the right, title or interest and any additional facts supporting the petitioner’s
claim and the relief sought.
2
After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(l)(A)
and before a hearing on the petition, discovery may be conducted in accordance
with the Federal Rules of Civil Procedure upon a showing that such discovery is
necessary or desirable to resolve factual issues.
The United States shall have clear title to the property following the Court’s
disposition of all third-party interests or, if none, following the expiration of the
period provided in 21 U.S.C. § 853(n)(2) for the filing of the third-party petitions.
The Court shall retain jurisdiction to enforce this Order and to amend it as
necessary, pursuant to Fed. R. Crim. P. 32.2(e).
IT IS FURTHER ORDERED that, pursuant to Fed. R. Crim. P. 32.2(b)(4), this
Preliminary Order of Forfeiture is hereby final as to Defendant but remains
preliminary as to third parties until the ancillary proceeding is concluded under
Rule 32.2(c).
SO ORDERED this 17th day of June, 2021.
_______________________
J. P. BOULEE
United States District Judge
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