Filed: Dec. 18, 2017
Latest Update: Dec. 18, 2017
Summary: ORDER OF CRIMINAL FORFEITURE LARRY ALAN BURNS , District Judge . WHEREAS, in the Information in the above-captioned case, the United States charged Defendant YON PON WONG ("Defendant"), as follows: In a matter involving the importation of fish and wildlife, knowingly make and submit a false record, to wit, a commercial invoice for abalone falsely representing the name and address of the seller, for fish and wildlife which had been and was intended to be imported and received from a foreign
Summary: ORDER OF CRIMINAL FORFEITURE LARRY ALAN BURNS , District Judge . WHEREAS, in the Information in the above-captioned case, the United States charged Defendant YON PON WONG ("Defendant"), as follows: In a matter involving the importation of fish and wildlife, knowingly make and submit a false record, to wit, a commercial invoice for abalone falsely representing the name and address of the seller, for fish and wildlife which had been and was intended to be imported and received from a foreign ..
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ORDER OF CRIMINAL FORFEITURE
LARRY ALAN BURNS, District Judge.
WHEREAS, in the Information in the above-captioned case, the United States charged Defendant YON PON WONG ("Defendant"), as follows:
In a matter involving the importation of fish and wildlife, knowingly make and submit a false record, to wit, a commercial invoice for abalone falsely representing the name and address of the seller, for fish and wildlife which had been and was intended to be imported and received from a foreign country, on or about October 5, 2013, within the Southern District of California, in violation of 16 U.S.C. §§ 3372(d)(1) and 3373(d)(3)(A)(i).; and
WHEREAS, on or about August 30, 2017, Defendant pled guilty before Magistrate Judge Jill L. Burkhardt to the one-count Information, which plea included an agreement to forfeit to the United States the amount of $500,000 as proceeds Defendant received from the offense, which forfeiture shall be included and incorporated as part of the judgment in this case; and
WHEREAS, on October 25, 2017 this Court accepted the guilty plea of Defendant; and
WHEREAS, by virtue of the admissions of the Defendant set out in the plea agreement and guilty plea, the Court determined that $500,000 (U.S. dollars) represents the moneys derived from and traceable to the gross proceeds that the Defendant obtained directly as a result of the offense to which Defendant pled guilty, 16 U.S.C. §§ 3372(d)(1) and 3373(d)(3)(A)(i), as charged in the Information; and
WHEREAS, by virtue of said guilty plea and the Court's findings, the United States is entitled to an Order of Forfeiture in its favor against the Defendant for the proceeds received by the Defendant in the amount of $500,000, pursuant to 18 U.S.C. § 982(a)(2)(B) and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and
WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the United States has established the requisite nexus between the $500,000 forfeiture and the offense; and
WHEREAS, the Defendant has paid the United States the $500,000 forfeiture amount pursuant to the terms of the Plea Agreement and Forfeiture Addendum;
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Defendant YON PON WONG agreed to forfeit to the United States the sum of $500,000 pursuant to 18 U.S.C. § 982(a)(2)(B) in the form of a forfeiture amount for the proceeds Defendant received from his offense of conviction, which forfeiture is in favor of the United States against Defendant YON PON WONG; and
2. Defendant has paid the United States the $500,000 forfeiture amount pursuant to the terms of the Plea Agreement and Forfeiture Addendum; and
3. Pursuant to Rule 32.2(b)(4), this Order of Forfeiture is made final as to the Defendant as of the time of sentencing, which took place on December 18, 2017, and is part of the sentence and included in the judgment.
