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United States v. Belan

United States District Court, S.D. New York

January 13, 2020

UNITED STATES OF AMERICA
v.
VALENTYN BELAN, a/k/a "Belan Valentin," a/k/a "Belan Valentyn," a/k/a "Belan Valentyn Volodymyrovych," a/k/a "Belan Valentyn Voldymyrovich," a/k/a "Valentino," Defendant.

          FINAL ORDER OF FORFEITURE

          HONORABLE GREGORY H. WOODS UNITED STATESTJISTRICT JUDGE.

         WHEREAS, on or about May 29, 2019, the Court entered a Preliminary Order of Forfeiture. as to Specific Property/Money Judgment (the "Preliminary Order of Forfeiture") (D.E. 25), which ordered the forfeiture to the United States of all right, title and interest of VALENTYN BELAN, a/k/a "Belan Valentin," a/k/a "Belan Valentyn," a/k/a "Belan Valentyn Volodymyrovych," a/k/a "Belan Valentyn Voldymyrovich," a/k/a "Valentino," (the "Defendant") in all right, title and interest of the defendant, in among other things, in the following specific property:

i. all funds on deposit in TD Bank Account 6771529741, held in the name of VALENTYN BELAN and/or Valerii Yudin;
ii. all funds on deposit in TD Bank Account 6771529353, held in the name of VALENTYN BELAN and/or Alia Belan;
iii. all funds on deposit in SunTrust Bank Account 1000216339225, held in the name of VALENTYN BELAN and/or Alia Belan;
iv. all funds on deposit in SunTrust Bank Account 1000216339274, held in the name of VALENTYN BELAN and/or Valerii Yudin;
v. all funds on deposit in SunTrust Bank Account 1000216339282, held in the name of VALENTYN BELAN and/or Alia Belan; and
vi. Units 101-102, and additional space in Blocks 10-11, located at The Century Garden, No. 726 XinHua Road, Chang Ning District, Shanghai, China

(i. through vii. collectively, 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;

         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 June 14, 2019 for thirty (30) consecutive days, through July 13, 2019, 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 January 9, 2020 (D.E. 46);

         WHEREAS, on or about June 28, 2019, notice of the Preliminary Order of Forfeiture was sent by certified ...


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