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IN THE UNITED STATES DISTRICT COU...
@ase 2.15-cv-OOB14-fo;B DoeurneJ"lt 7 1 Fileel 06/04/15 Paao 2 of 4
WHEREAS, the Complaint sets forth the grounds for this...
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Case 2.15 eo 80814 AB DBeul'tleflt 7 1 Filed 06/04/15 Paae 4 of 4
2. All right, title, and interest of all persons, includ...
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PIDC-Sang Ah Park Korean Corruption EB-5 Asset Forfeiture Order June 4, 2015

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PIDC-Sang Ah Park Korean Corruption EB-5 Asset Forfeiture Order June 4, 2015

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PIDC-Sang Ah Park Korean Corruption EB-5 Asset Forfeiture Order June 4, 2015

  1. 1. G~~P. Y' 1!1 t.d AAA1 z9: AA RAf'Jiffil"l"lt 7 1 Fil,at=l AR,IAz9:/1 '9 PAFIF' 1 Af.,.g, IN THE UNITED STATES DISTRICT COURT/ FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff, v. A LIMITED PARTNERSHIP INTEREST HELD IN THE NAME OF OR FOR THE B.ENEFIT OF SANG AH PARK IN THE PHILADELPHIA U.S. IMMIGRATION FUND, Defendant. CIVIL ACTION No. 15-CV-814 AMENDED DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE AND NOW, this tJJ'IL day of~ , 2015, this matter having come before the Court on the government's motion pursuant to Federal Rules of Civil Procedure 55(b)(2) and 58(a) and (b) for entry of a default judgment and a final order of forfeiture (ECF No.4) regarding the defendant security, and, after a hearing, the Court finds the following: WHEREAS, on February 18, 2015, the United States commenced this action by filing a Verified Complaint for Forfeiture In Rem pursuant to Rule G(2) ofthe Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The Complaint alleges that the defendant security is subject to forfeiture to the United States of America pursuant to 18 U.S.C. §§ 98l(a)(l)(A) and (C); and WHEREAS, consistent with the requirements of Supplemental Rule G(2)(a), the Complaint was properly verified by Homeland Security Investigations Special Agent Geoffrey I. Gordon; and Case 2:15-cv-00814-AB Document 8 Filed 06/05/15 Page 1 of 4
  2. 2. @ase 2.15-cv-OOB14-fo;B DoeurneJ"lt 7 1 Fileel 06/04/15 Paao 2 of 4 WHEREAS, the Complaint sets forth the grounds for this Court's jurisdiction over this forfeiture action, in rem jurisdiction over the defendant security, and venue in accordance with Supplemental Rule G(2)(b); and WHEREAS, consistent with the requirements of Supplemental Rule G(2)(c), the Complaint describes the defendant security with reasonable particularity, stating that the defendant security is a limited partnership interest held in the name of or for the benefit of Sang Ah Park in the U.S. Immigration Fund. This fund is created and/or overseen by PIDC Regional Center, LP XXVI, a Pennsylvania entity, and the defendant security is more particularly identified in PIDC's books and records as "Partner Number 116"; and WHEREAS, consistent with the requirements of Supplemental Rule G(2)(f), the Complaint states sufficiently detailed facts to support a reasonable belief that the United States will be able to meet its burden of proof at trial; and WHEREAS, pursuant to Supplemental Rule G(3)(b)(ii), on February 18, 2015, the Court issued an arrest warrant in rem against the defendant security that was predicated on a showing of probable cause that the defendant security is subject to forfeiture to the United States; and WHEREAS, pursuant to Supplemental Rule G(3)(c), on February 27, 2015, Homeland Security Investigations Special Agent Geoffrey I. Gordon duly served and executed a warrant of arrest in rem upon the defendant security; and WHEREAS, consistent with the requirements of Supplemental Rule G(4)(a)(iv)(C), the United States provided constructive notice to potential claimants by posting a notice on an official internet government forfeiture site for at least 30 consecutive days beginning on February 21, 2015; and - 2 - Case 2:15-cv-00814-AB Document 8 Filed 06/05/15 Page 2 of 4
  3. 3. ,--. JGA~P. ?· 1fi P.1 AAA1.! AR RAP.IIffiF>At 7 1 FiiP.FI AR/A.!/1 fi PAFIP. 1 Af oi WHEREAS, pursuant to Supplemental Rule G(4)(b), on March 3, 2015, the United States also provided direct notice of this forfeiture action to known potential claimants, in particular, Sang Ah Park and Jae Yong Chun, through their counsel, Covington and Burling, LLP. This notice informed them ofthe forfeiture action and included copies of a Notice of Complaint for Forfeiture and the Complaint; and WHEREAS, the time for the filing of any claim to contest this forfeiture has expired and no person or entity as of the below date has either filed a claim or answer to the Complaint, or has otherwise appeared or answered in this regard; and WHEREAS, upon the request ofthe United States pursuant to Federal Rule of Civil Procedure 55(a), on April24, 2015, the Clerk of Court entered default against the defendant security and all persons claiming an interest in the defendant security for failure to file a timely claim, answer, or otherwise defend this action after having been provided notice under the Supplemental Rules (ECF No.3); and WHEREAS, upon consideration of the United States' motion for entry of a Default Judgment, pursuant to Federal Rule of Civil Procedure 55(b)(2), and a Final Order of Forfeiture, pursuant to Federal Rules of Civil Procedure 58(a) and (b), and after a hearing to consider the motion, and no party claiming an interest in the defendant security having appeared at the hearing or otherwise answered or defended in this action, for good cause shown, the Court concludes that it should grant the United States' motion. NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, and DECREED as follows: 1. The United States' Motion for Entry of Default Judgment and Final Order of Forfeiture (ECF No.4) is GRANTED. - 3 - Case 2:15-cv-00814-AB Document 8 Filed 06/05/15 Page 3 of 4
  4. 4. Case 2.15 eo 80814 AB DBeul'tleflt 7 1 Filed 06/04/15 Paae 4 of 4 2. All right, title, and interest of all persons, including Sang Ah Park, Jae Yong Chun, and their heirs and assigns, in the defendant security, a limited partnership interest held in the name of or for the benefit of Sang Ah Park in the Philadelphia U.S. Immigration Fund, more particularly identified in PIDC's books and records as "Partner Number 116," is hereby fully and finally forfeited to the United States of America pursuant to 18 U.S.C. § 981 (a)(l )(A) and (C). The United States of America shall have judgment as to the defendant security and no other person or entity shall have any right, title, or interest in the defendant security. 3. The United States shall dispose of the forfeited property in accordance with law. 4. The Clerk of Court shall provide three certified copies of this Order to counsel for the United States of America (Attn: Joseph F. Minni, Assistant U.S. Attorney and WooS. Lee, Senior Trial Attorney). c~; ~~4 7 ;1,/v/1/.~ /lv)r( Voo S. L~e1 (sy_ ... ~~HONORABLE ANITA B. BRODY United States District Judge cr,cJ r ~frt I--------- r<;/·- ~,fi-~5 pm·J.~ - 4 - TO/ Case 2:15-cv-00814-AB Document 8 Filed 06/05/15 Page 4 of 4

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