1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

McGREGOR W. SCOTT

United States Attorney

COURTNEY J. LINN

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 

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

APPROXIMATELY $343,041.70 IN

U.S. CURRENCY SEIZED FROM BANK

OF AMERICA ACCT. NO. 08162-

11343, and

APPROXIMATELY $113,211.76 IN

U.S. CURRENCY SEIZED FROM

WASHINGTON MUTUAL ACCT. NO.

009200008721499, 

Defendants.

2:04-CV-02404-WBS-JFM

FINAL JUDGMENT OF FORFEITURE

Pursuant to the Stipulation for Final Judgment of Forfeiture,

the Court finds: 

1. This is a civil forfeiture action against approximately

$343,041.70 in funds seized on May 18, 2004 from Bank of America

account number 08162-11343, and approximately $113,211.76 in funds

seized from Washington Mutual account number 009200008721499

(hereinafter these funds, which total approximately $456,253.46, are

referred to collectively as the "defendant funds"). 

Case 2:04-cv-02404-WBS -JFM Document 25 Filed 11/03/05 Page 1 of 5
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

2. A Complaint for Forfeiture In Rem was filed on or about

November 10, 2004, seeking the forfeiture of the defendant funds

alleging that such funds were subject to forfeiture to the United

States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 984 for violations

of 18 U.S.C. § 1960, and pursuant to 31 U.S.C. § 5317(c)(2)

(incorporating the forfeiture provisions applicable to cases brought

under 18 U.S.C. § 981(a)(1)(A)), for violations of 31 U.S.C. § 5324. 

3. On or about November 10, 2004, Magistrate Judge Drozd

issued a warrant of arrest in rem for the defendant funds, and that

warrant was duly executed and returned on November 17, 2004.

4. On or about December 3, 2004, a Public Notice of Arrest of

defendant funds appeared by publication in the Stockton Record a

newspaper of general circulation in the county in which the

defendant funds were seized. The Proof of Publication was filed

with the Court on December 20, 2004. 

5. In addition to the Public Notice of Arrest having been

completed, actual notice was given to the following individuals:

a. Bun K. Soung by certified mailing dated November 10,

2004, and addressed to his counsel, Steve Toscher, who

agreed to accept notice on his behalf.

b. Sekharith Be and Chun Phic Lim by certified mailing

dated November 10, 2004, and addressed to their counsel,

Bruce Locke, who agreed to accept notice on their behalf. 

See Request for Clerk’s Default filed October 3, 2005,

2005. 

c. An Khun by substitute service upon An Khun’s father at

An Khun’s residence on or about November 29, 2004. See

Request for Clerk’s Default filed June 10, 2005. 

Case 2:04-cv-02404-WBS -JFM Document 25 Filed 11/03/05 Page 2 of 5
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

6. On or about December 21, 2004, Sekharith Be filed a claim

in this action to approximately $30,000 of the defendant funds. By

stipulation entered in the parallel criminal case on September 8,

2005, United States v. Sekharith Be, 2:04-CR-0220-WBS, Be agreed to

withdraw his claim. Consistent with that stipulation, on or about

September 19, 2005, Be formerly withdrew his claim. 

7. On or about December 27, 2004, Bun K. Soung filed a claim

in this action to all of the defendant funds. On or about January

12, 2005, Bun K. Soung filed an answer.

8. Apart from claimant Bun K. Soung, no other claimants have

filed claims or answers in this matter who remain in this case as

claimants. The time by which any person or entity may file a claim

and answer has expired. The Clerk of the Court entered the Clerk’s

Default of An Khun on June 22, 2005, and entered the Clerk’s Default

of Chun Phic Lim on October 5, 2005. Pursuant to Local Rule A-540,

the United States and Bun K. Soung thus join in a request that as

part of the Final Judgment of Forfeiture in this case the Court

enter default judgments against the interests of An Khun and Chun

Phic Lim without further notice. 

Based on the above findings, and the Court being otherwise

fully advised in the premises, it is hereby 

ORDERED AND ADJUDGED:

1. That the Court adopts the Stipulation for Final Judgment of

Forfeiture entered into by and between the parties to this action.

2. That judgment is hereby entered against claimant Bun K.

Soung and all other potential claimants who have not filed claims in

this action.

3. Upon entry of a Final Judgment of Forfeiture, $366,253.46

Case 2:04-cv-02404-WBS -JFM Document 25 Filed 11/03/05 Page 3 of 5
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4

of the defendant funds, together with any interest that may have

accrued on that amount, seized on or about May 18, 2004, shall be

forfeited to the United States pursuant to 18 U.S.C. § 981(a)(1)(A)

and 31 U.S.C. § 5317(c)(2), to be disposed of according to law.

4. Upon entry of a Final Judgment of Forfeiture herein, but no

later than 60 days thereafter, the balance of the defendant funds,

i.e., $90,000.00, together with any interest that may have accrued

on such balance, shall be returned to claimant Bun K. Soung through

his attorney, Steven R. Toscher. The Department of Treasury shall

remit the amount of $90,000.00, plus any accrued interest on that

amount, made payable to Steven R. Toscher, 9150 Wilshire Boulevard,

Suite 300, Beverly Hills, California 90212. 

5. That 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 arrest/seizure or

forfeiture of the approximately $456,253.46 in defendant funds

seized on or about May 18, 2004. This is a full and final release

applying to all unknown and unanticipated injuries, and/or damages

arising out of said arrest/seizure or forfeiture, as well as to

those now known or disclosed. The parties to this agreement agree

to waive the provisions of California Civil Code § 1542, which

provides: "A general release does not extend to claims which the

creditor does not know or suspect to exist in his favor at the time

of executing the release, which if known by him must have materially

affected his settlement with the debtor."

6. Without admitting that the defendant funds were involved

in, or traceable to, violations of 18 U.S.C. § 1960 and 31 U.S.C. §

Case 2:04-cv-02404-WBS -JFM Document 25 Filed 11/03/05 Page 4 of 5
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5

5324, claimant Bun K. Soung stipulates that there was reasonable

cause for the seizure and arrest of the defendant funds and that the

Court may enter a Certificate of Reasonable Cause pursuant to 28

U.S.C. § 2465.

7. All parties will bear their own costs and attorneys' fees.

SO ORDERED THIS 1st day of November, 2005.

CERTIFICATE OF REASONABLE CAUSE

Pursuant to the Stipulation for Final Judgment of

Forfeiture filed herein and the allegations set forth in the

Complaint for Forfeiture In Rem filed November 10, 2004, the

Court enters this Certificate of Reasonable Cause pursuant to

28 U.S.C. § 2465, that there was reasonable cause for the

seizure and arrest of the defendant funds.

Case 2:04-cv-02404-WBS -JFM Document 25 Filed 11/03/05 Page 5 of 5