Order of Forfeiture (Final) — No. 1:21-cr-00261 (Dkt. 49, S.D.N.Y.)
Summary
The Final Order of Forfeiture in United States v. Sheng-Wen Cheng, also known as Justin Cheng and Justin Jung, 21 Cr. 261 (AJN), in the U.S. District Court for the Southern District of New York, was signed by United States District Judge Alison J. Nathan on March 8, 2022. It follows a Consent Preliminary Order of Forfeiture entered on or about April 20, 2021 covering one 2020 White Mercedes Model S560X4. The order recites that notice of forfeiture was posted on an official government internet site from December 18, 2021 through January 16, 2022 and that no petitions or claims were filed. It forfeits all right, title and interest in the vehicle to the United States, deems the United States to have clear title under Title 21, United States Code, Section 853(n)(7), and directs U.S. Customs and Border Protection to take possession and dispose of it.
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Case
Case1:21-cr-00261-AJN
1:21-cr-00261-AJN Document
Document47-1
49 Filed
Filed03/08/22
03/04/22 Page
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
3/8/22
------------------------------------- X
:
UNITED STATES OF AMERICA :
: FINAL ORDER OF
-v.- : FORFEITURE
:
SHENG-WEN CHENG, : 21 Cr. 261 (AJN)
a/k/a “Justin Cheng,” :
a/k/a “Justin Jung,” :
:
Defendant. :
:
------------------------------------- X
WHEREAS, on or about April 20, 2021, this Court entered a Consent Preliminary
Order of Forfeiture as to Specific Property (the “Preliminary Order of Forfeiture”) (D.E. 19) with
respect to SHENG-WEN CHENG, a/k/a “Justin Cheng,” a/k/a “Justin Jung,” (the “Defendant”),
forfeiting to the United States all right, title and interest of the Defendant in the following specific
property:
a. One 2020 White Mercedes Model S560X4, VIN
W1KUX8GB8LA556628;
(the “Specific Property”);
WHEREAS, the Preliminary Order of Forfeiture directed the United States to
publish, for at least thirty (30) consecutive days, notice of the Preliminary Order of Forfeiture,
notice of the United States= intent to dispose of the Specific Property, and the requirement that any
person asserting a legal interest in the Specific Property must file a petition with the Court in
accordance with the requirements of Title 21, United States Code, Sections 853(n)(2) and (3). The
Preliminary Order of Forfeiture further stated that the United States could, to the extent practicable,
provide direct written notice to any person known to have an alleged interest in the Specific
Property and as a substitute for published notice as to those persons so notified;
Case
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WHEREAS, the provisions of Title 21, United State Code, Section 853(n)(1), Rule
32.2(b)(6) of the Federal Rules of Criminal Procedure, and Rules G(4)(a)(iv)(C) and G(5)(a)(ii) of
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, require
publication of a notice of forfeiture and of the Government’s intent to dispose of the Specific
Property before the United States can have clear title to the Specific Property;
WHEREAS, the Notice of Forfeiture and the intent of the United States to dispose
of the Specific Property was posted on an official government internet site (www.forfeiture.gov)
beginning on December 18, 2021, for thirty (30) consecutive days, through January 16, 2022,
pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty and Maritime Claims
and Asset Forfeiture Actions and proof of such publication was filed with the Clerk of the Court
on March 4, 2022 (D.E. 46);
WHEREAS, thirty (30) days have expired since final publication of the Notice of
Forfeiture and no petitions or claims to contest the forfeiture of the Specific Property have been
filed;
WHEREAS, the Defendant is the only person and/or entity known by the
Government to have a potential interest the Specific Property; and
WHEREAS, pursuant to Title 21, United States Code, Section 853(n)(7), the
United States shall have clear title to any forfeited property if no petitions for a hearing to contest
the forfeiture have been filed within thirty (30) days of final publication of notice of forfeiture as
set forth in Title 21, United States Code, Section 853(n)(2);
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
1. All right, title and interest in the Specific Property is hereby forfeited and
vested in the United States of America, and shall be disposed of according to law.
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Case
Case1:21-cr-00261-AJN
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2. Pursuant to Title 21, United States Code, Section 853(n)(7) the United
States of America shall and is hereby deemed to have clear title to the Specific Property.
3. The United States Customs and Border Protection (or its designee) shall
take possession of the Specific Property and dispose of the same according to law, in accordance
with Title 21, United States Code, Section 853(h).
Dated: New York, New York
March 8 2022
____________,
SO ORDERED:
____________________________________
HONORABLE ALISON J. NATHAN
UNITED STATES DISTRICT JUDGE
3
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