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UNITED STATES DISTRICT COURT

DiSTRICT OF NEW JERSEY

UNITED STATES OF AMERICA,

Hon. Stanley R. Chesler, U.S.D.J.

Plaintiff,

Civil Action No. 11-829 (SRC)

-against

$414,942.00, INCLUDING BUT NOT DEFAULT JUDGMENT AND FINAL

LIMITED TO ORDER OF FORFEITURE

$314,100.00 CONTAINED IN ACCOUNT

NUMBER 000209078278 IN THE

NAME AND/OR f OR THE BENEFIT

OF ARUN PAR1KH AT THE BANK OF

AMERICA LOCATED AT 101 S. TRYON

STREET, CHARLOTTE, NORTH

CAROLINA 28255;

AND

$44,000.00 CONTAINED 1N ACCOUNT

NUMBER 004023027554 IN THE

NAME AND/OR FOR THE BENEFIT

OF ARUN P4RIKH OR ANUSHI 4

P4RIKH 41 IHE BANK OF 4MERICA

LOCATED AT 101 S. TRYON STREET,

CHARLOTTE, NORTH CAROLINA 28255;

AND
Defendant in rein.

WHEREAS, on February 14. 2011, a Verified Complaint for Forfeiture was tiled in the

United States District Court for the District of New Jersey against $414,942.00, including but notlimited to $314,100.00 contained in account number 000209078278 in the name and/or for the

benefit of Arun Parikh at the Bank of America located at 101 5, Tryon Street, Charlotte, North

Carolina 28255; $44,000.00 contained in account number 004023027554 in the name and/or for

the benefit of Arun Parikh or Anushi A. Parikh at the Bank of America located at 101 S. Tryon

Street, Charlotte, North Carolina 28255; and $56,842.00 contained in account number

000109053036 in the name and/or for the benefit of Ficke & Associates, Inc., at the Bank of

America located at 101 5. Tryon Street, Charlotte, North Carolina 28255 (hereinafter the

“defendant property”) to enforce the provisions of 31 U.S.C. § 531 7(c)(2), which subjects to

forfeiture to the United States any property involved in a violation of 3 1 U.S.C. § 5324(a): and

WHEREAS, pursuant to the Warrant for Arrest In Rem issued by the Clerk of the Court

on February 1 6, 2011, the United States Department of the Treasury, internal Revenue Service

seized the defendant property, namely $414,942.00, including but not limited to $314,100.00

contained in account number 000209078278 in the name and’or for the benefit of Arun Parikh at

the Bank of America located at 101 5. Tryon Street, Charlotte, North Carolina 28255; $44,000.00
Charlotte, North Carolina 28255; and

WHEREAS, on or about February 18, 2011, copies of the Verified Complaint for

Forfeiture, Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified mail, returnreceipt requested to Ficke & Associates, Inc., 271 U.S. Hwy 46, Suite A, Fairfield, New Jersey

07004 (See Declaration of Peter W. Gacta with Exhibits, Exhibit A, hereinafter “Gaeta Dccl.”

filed herein); and

WHEREAS, on or about February 22, 2011, copies of the Verified Complaint for

Forfeiture, Warrant for Arrest In and a Notice of Forfeiture were received by Ficke &

Associates, Inc., 271 U.S. Hwy 46, Suite A, Fairfield, New Jersey 07004. (Ic!.); and

WHEREAS, on or about February 18, 2011, copies of the Verified Complaint for

Forfeiture. Warrant for Arrest In Rem, and a Notice of Forfeiture were sent certified mail, return

receipt requested to Anushi Parikh, 623 Rockingham Drive, Irving, Texas 75063-8064 (GaetaDee!., Exhibit B); and

WHEREAS, on or about February 23, 2011, copies of the Verified Complaint for

Forfeiture, Warrant for Arrest In and a Notice of Forfeiture were received by Anushi

Parikh, 623 Rockingharn Drive. Irving. Texas 75063-8064. (Id.); and

WHEREAS, on or about February 18, 2011, copies of the Verified Complaint for

Forfeiture, Warrant for Arrest In Rem. and a Notice of Forfeiture were sent certified mail, return

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Laptook, Esq., Wolff& Samson PC. One Boland Drive. West Orange, New Jersey 07052.

counsel for Arun Parikh (Id.); and

WHEREAS, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for

Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure,

Notice of Civil Forfeiture was posted on an official internet government forfeiture website,

namely www.forfeiture.gov for at least 30 consecutive days, beginning on February 23, 2011,

notifying all third parties of their right to file a claim with the Court within 60 days from

the first day of publication for a hearing to adjudicate the validity of their alleged legal interest in

the property (Gacta Dccl., Exhibit D); and

WHEREAS, on March 25, 2011, a Verified Claim was filed through counsel by Arun

Parikh. See ECF Doe. 4; and

WHEREAS, on March 25, 2011, a Verified Claim was filed through counsel by Ficke &

Associates, Inc. See ECF Doe. 5; and

WHEREAS, on April 14, 2011, Arun Parikh and Ficke & Associates, lnc. jointly filed

through counsel an application and proposed Order to extend their time to answer, move, or

otherwise reply. See ECF Doe. 6: and

WHEREAS, on April 28, 2011, Arun Parikh and Ficke & Associates, Inc., with the

consent of the United States, jointly filed a Consent Order extending their time to answer, move,

or otherwise respond to the United States’ Verified Complaint for Forfeiture In Rem until May

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move, or otherwise respond to United States’ Verified Complaint for Forfeiture In Rem until July8, 2011. See ECF Doe. 9; and

WHEREAS, on July 6, 2011, Arun Parikh filed through counsel a motion to withdraw

the verified claim of Arun Parikh. See ECF Doe. 10: and

WHEREAS, on July 6, 2011, Ficke & Associates, Inc. filed through counsel a motion to

withdraw the verified claim of Ficke & Associates, Inc. See ECF Doe. 11; and

WHEREAS, in order to avoid forfeiture of the defendant property, any person claiming

an interest in, or right against, the defendant property must file a conforming Claim under penalty

of perjury identifying the specific property claimed, identifying the claimant and stating the

claimant’s interest in the property in the manner set forth in Rule G(5)(a) of the Supplemental

Rules for Admiralty or Maritime and Asset Forfeiture Actions, Federal Rules of Civil Procedure

and 18 U.S.C. § 983(a)(4)(A), except that in no event may such Claim be filed by those known to

be reasonably interested later than 25 March 2011, or, as applicable, no later than 30 daysafter the final publication of notice of the filing of the complaint or no later than 60 days after the

first day of publication on an official government internet web site, namely www.forfeiture,gov;

and

WHEREAS. no other Claim has been filed within the time required by Rule

G(5)(a) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture

Actions, Federal Rules of Civil Procedure, and 18 U.S.C. 983(a)(4)(A) for the defendant

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defendant property, namely $414,942.00, including but not limited to $314,100.00 contained in

account number 000209078278 in the name and/or for the benefit of Arun Parikh at the Bank of

America located at 101 S. Tryon Street, Charlotte, North Carolina 28255; $44,000.00 contained

in account number 004023027554 in the name and/or for the benefit of Arun Parikh or Anushi A.

Parikh at the Bank of America located at 101 S. Tryon Street, Charlotte, North Carolina 28255;

and $56,842.00 contained in account number 000109053036 in the name and/or for the benefit of

Ficke & Associates, Inc., at the Bank of America located at 101 S. Tryon Street, Charlotte, North

Carolina 28255, and no right, title or interest in the defendant property shall exist in any other

party; and

2. That any and all forfeited funds, including but not limited to currency, currency

equivalents and certificates of deposits, as well as any income derived as a result of the United

States Department of the Treasury, Internal Revenue Service’s management of any property

forfeited herein, after the payment of costs and expenses incurred in connection with the

forfeiture and disposition of the forfeited property, shall be deposited forthwith by the United

States Department of the Treasury. Internal Revenue Service into the Department of the Treasury

Asset Forfeiture Fund, in accordance with the law,

The Clerk is hereby directed to send copjiu all counsel of record.

ORDERED this 7jo40lI - 7

ôBLESTR CSLER, U S U J

Ui\ITED STATES DISTRICT COURT

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