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United States v. Eighty 220-Kg Drums of Benzaldehyde

United States District Court, D. New Jersey

January 22, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
EIGHTY 220-KG DRUMS OF BENZALDEHYDE, Defendants In Rem

          DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE

          HON. SUSAN D. WIGENTON, UNITED STATES DISTRICT JUDGE.

         WHEREAS, on or about March 27, 2018, the United States filed a Verified Complaint for Forfeiture In Rem in the United States District Court for the District of New Jersey against eighty 220-kilogram drums of benzaldehyde that were seized by the Drug Enforcement Administration ("DEA") on or about November 12, 2017 at the Port of New York and New Jersey located in Newark Bay, Newark, Essex County, New Jersey (hereinafter referred to as the "defendant property");

         WHEREAS, the Verified Complaint alleged that the defendant property is subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(9), which subjects to forfeiture all listed chemicals that have been imported, exported, manufactured, possessed, distributed, dispensed, acquired, or intended to be distributed, dispensed, acquired, imported, or exported in violation of Subchapter II of Chapter 13, Title 21, United States Code;

         WHEREAS, on or about April 24, 2018, the United States filed a Notice of Complaint for Forfeiture (the "Notice of Complaint");

         WHEREAS, on or about April 24, 2018, the United States filed a Notice of Complaint for Forfeiture (the "Notice of Complaint"). The Notice of Complaint stated that any person who wished to assert an interest in and avoid forfeiture of the defendant property was required to file a verified claim with the Clerk of the Court within thirty-five (35) days after the date the Notice of Complaint was sent or the date of delivery, if personally served. The Notice of Complaint also detailed the procedure for filing a claim and answer;

         WHEREAS, on or about April 24, 2018, the United States sent copies of the Verified Complaint and the Notice of Complaint by Federal Express International shipping, to all known parties with a potential interest in the defendant property, as follows:

(a) Pehacheve, S.A.110 Rue Des Miracles Port-Au-Prince, Haiti West Indies (Tracking No. 7806 6095 8616)
(b) Pehacheve, S.A. Attn: Carlos Boulos 110, Rue Des Miracles Port-Au-Prince, Haiti West Indies (Tracking No. 7806 6124 5304)
(c) Agence Pehacheve Carlo Boulos 25 Rue Villatte, PV Port-au-Prince, Haiti West Indies Tel: 509-2-813-1520 (Tracking No. 7720 6953 3912)
(d) Shimmer Chemicals Pvt. Ltd. E-14, Sardar Estate Ajwa Road Baroda, 390019 Gujarat, India Tel: 265-2561914 (Tracking No. 7720 6974 6230)
(e) Ornate Lamipack Pvt. Ltd. Part-D, GF, Giriraj Apartment b/h Barista Coffee, Opp. Income Tax Office Race Course, Vadodara - 390007 Gujarat, India Tel.: 265-2332221 (Tracking No. 7720 6969 6287);

         WHEREAS, the correspondence and enclosures described above were all delivered between April 27, 2018 and May 1, 2018;

         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 (the "Supplemental Rules"), notice was posted on an official internet government forfeiture website, namely www.forfeiture.gov. for at least 30 consecutive days, beginning on July 14, 2018, and running for thirty consecutive days, through August 12, 2018, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure (the "Supplemental Rules"). Proof of publication was filed on October 25, 2018;

         WHEREAS, on December 18, 2018, the Clerk of the Court made entry of ...


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