Final Order of Forfeiture — United States v. Baoke Zhang, No. CR20-169-RAJ (Dkt. 59, W.D. Wash.)
Summary
Judge Richard A. Jones of the Western District of Washington entered this Final Order of Forfeiture, filed 11/22/21, in United States v. Baoke Zhang, No. CR20-169-RAJ. It forfeits to the United States $10,000 in funds seized on June 8, 2020 from a brokerage account ending -2129 opened in the name of Baoke Zhang, as proceeds of wire fraud. The order recites that Zhang agreed in a plea agreement entered on October 22, 2020 to forfeit property traceable to wire fraud proceeds, and that a Preliminary Order of Forfeiture of May 4, 2021 also found a $6,500 sum of money forfeitable. The government published notice and gave direct notice to a potential claimant; the time for third-party claims expired with none filed.
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Case 2:20-cr-00169-RAJ Document 59 Filed 11/22/21 Page 1 of 3
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7 UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
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AT SEATTLE
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10 UNITED STATES OF AMERICA, No. CR20-169-RAJ
11 Plaintiff,
12 v.
FINAL ORDER OF FORFEITURE
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BAOKE ZHANG,
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Defendant.
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17 THIS MATTER comes before the Court on the United States’ Motion for Entry of
18 a Final Order of Forfeiture (“Motion”) for the following property (“Subject Funds”):
19 1. $10,000 in United States funds seized on June 8, 2020 from Financial
20 Institution 4 Brokerage Account -2129, opened in the name of Baoke
21 Zhang.
22 The Court, having reviewed United States’ Motion, as well as the other papers and
23 pleadings filed in this matter, hereby FINDS entry of a Final Order of Forfeiture is
24 appropriate because:
25 • The proceeds of Wire Fraud, in violation of 18 U.S.C. § 1343, are
26 forfeitable pursuant to 18 U.S.C. § 981(a)(1)(C), by way of 28 U.S.C.
27 § 2461(c);
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FINAL ORDER OF FORFEITURE - 1 UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
United States v. Baoke Zhang, CR20-169-RAJ
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00169-RAJ Document 59 Filed 11/22/21 Page 2 of 3
1 • Pursuant to the Plea Agreement he entered on October 22, 2020, Defendant
2 agreed to forfeit his interest in any property constituting or traceable to
3 proceeds of Wire Fraud, including the above-identified Subject Funds,
4 pursuant to 18 U.S.C. § 981(a)(1)(C), by way of 28 U.S.C. § 2461(c).
5 Id. ¶ 13;
6 • On May 4, 2021, the Court entered a Preliminary Order of Forfeiture
7 finding the Subject Funds, and a sum of money in the amount of $6,500
8 reflecting additional proceeds Defendant obtained as a result of his
9 commission of the offense, forfeitable pursuant to 18 U.S.C.
10 § 981(a)(1)(C), by way of 28 U.S.C. § 2461(c), and forfeiting Defendant’s
11 interest in the property. See Dkt. No. 48. In addition, the Court determined
12 that the sum of money in the amount of $6,500 is personal to the
13 Defendant, and, pursuant to Federal Rule of Criminal Procedure (“Fed. R.
14 Crim. P.”) 32.2(c)(1), no third-party ancillary process is required before
15 forfeiting it. Id. at 2;
16 • Thereafter, the United States published notice of the pending forfeiture of
17 the Subject Funds as required by 21 U.S.C. § 853(n)(1) and Federal Rule of
18 Criminal Procedure 32.2(b)(6)(C), Dkt. No. 54, and provided direct notice
19 to a potential claimant as required by Fed. R. Crim. P. 32.2(b)(6)(A).
20 Declaration of AUSA Jehiel I. Baer in Support of Motion for Entry of a
21 Final Order of Forfeiture ¶ 2, Exhibit A); and,
22 • The time for filing third-party claims has expired, and none were filed.
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24 NOW, THEREFORE, THE COURT ORDERS:
25 1. No right, title, or interest in the Subject Funds exists in any party other than
26 the United States;
27 2. The Subject Funds are fully and finally condemned and forfeited, in their
28 entirety, to the United States; and,
FINAL ORDER OF FORFEITURE - 2 UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
United States v. Baoke Zhang, CR20-169-RAJ
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00169-RAJ Document 59 Filed 11/22/21 Page 3 of 3
1 3. The United States Department of Justice, and/or its representatives, is
2 authorized to dispose of the Subject Funds as permitted by governing law.
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4 IT IS SO ORDERED.
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6 DATED this 22nd day of November, 2021.
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A
THE HON. RICHARD A. JONES
UNITED STATES DISTRICT JUDGE
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FINAL ORDER OF FORFEITURE - 3 UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
United States v. Baoke Zhang, CR20-169-RAJ
SEATTLE, WASHINGTON 98101
(206) 553-7970
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