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United States v. Gou

United States District Court, D. Nevada

July 6, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
SHIYANG GOU, a.k.a. “Cder”, Defendant.

          AMENDED FINAL ORDER OF FORFEITURE

         The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2) and Title 18, United States Code, Section 1963(a)(1), (a)(2), (a)(3), and (m) based upon the plea of guilty by defendant Shiyang Gou, a.k.a. “Cder”, to the criminal offense, forfeiting the property and imposing an in personam criminal forfeiture money judgment set forth in the Plea Agreement, the Bill of Particulars, and the Forfeiture Allegation of the Criminal Indictment and shown by the United States to have the requisite nexus to the offense to which defendant Shiyang Gou, a.k.a. “Cder”, pled guilty. Criminal Indictment, ECF No. 1; Bill of Particulars, ECF No. 427; Change of Plea, ECF No. 481; Preliminary Order of Forfeiture, ECF No. 493; Plea Agreement, ECF No. 494.

         This Court finds that the United States of America may amend this order at any time to add subsequently located property or substitute property to the forfeiture order pursuant to Fed. R. Crim. P. 32.2(b)(2)(C) and 32.2(e).

         To comply with Honeycutt v. United States, ___ U.S. ___, 137 S.Ct. 1626 (2017), the government reduced the in personam criminal forfeiture money judgment amount to $61, 452.23.

         This Court finds the United States of America published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from January 14, 2015, through February 12, 2015, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication, ECF No. 922.

         This Court finds the United States of America notified known third parties by personal service, or by regular mail and certified mail return receipt requested, of their right to petition the Court. Notice of Filing Service of Process - Federal Express, ECF No. 889.

         On January 14, 2015, the United States Attorney's Office served Kenneth Chenault, Chairman and CEO, World Financial Center, American Express, with copies of the Preliminary Order of Forfeiture and the Notice through Federal Express. Notice of Filing Service of Process - Federal Express, ECF No. 889.

         On January 14, 2015, the United States Attorney's Office served Discover Financial Services, c/o Michael Cassell, with copies of the Preliminary Order of Forfeiture and the Notice through Federal Express. Notice of Filing Service of Process - Federal Express, ECF No. 889.

         On January 14, 2015, the United States Attorney's Office served Ajay Banga, President and CEO, MasterCard, with copies of the Preliminary Order of Forfeiture and the Notice through Federal Express. Notice of Filing Service of Process - Federal Express, ECF No. 889.

         On January 14, 2015, the United States Attorney's Office served Charles W. Scharf, CEO, Visa Inc., with copies of the Preliminary Order of Forfeiture and the Notice through Federal Express. Notice of Filing Service of Process - Federal Express, ECF No. 889.

         This Court finds no petition was filed herein by or on behalf of any person or entity and the time for filing such petitions and claims has expired.

         This Court finds no petitions are pending with regard to the property named herein and the time for presenting such petitions has expired.

         THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that all possessory rights, ownership rights, and all rights, titles, and interests in the property hereinafter described are condemned, forfeited, and vested in the United States of America:

         1) a Gateway laptop computer, bearing serial number T3B73P1006170, seized from Raji Aziz on March 14, 2011;

         2) an Apple iPad 16 GB silver, model A1396, bearing serial number DLXFW1DLDFJ1, seized from Irina Bolnova on March 15, 2012;

         3) an Acer Aspire One 522 laptop computer, bearing serial number LUSES0D0101014763B16-01, seized from Maceo Boozer on March 15, 2012;

         4) a Coby laptop, bearing serial number N1023X1005S000497B, seized from Maceo Boozer on July 9, 2012;

         5) an HP laptop, bearing serial number CNF0208QNY, seized from Maceo Boozer on July 9, 2012;

         6) a Seagate USB drive, bearing serial number NA02E6VK, seized from Maceo Boozer on July 9, 2012;

         7) a Dell laptop computer, bearing serial number G4CJLL1, seized from Duvaughn Butler on March 1, 2011;

         8) an HP desktop computer, Datacode SM number R08510000460630, seized from Duvaughn Butler on March 1, 2011;

         9) a Mastercard $100 gift card, bearing card number xxxxxxxxxxxx1923, seized from Duvaughn Butler on March 1, 2011;

         10) a Vanilla $100 Mastercard gift card, bearing card number xxxxxxxxxxxx7257, seized from Duvaughn Butler on March 1, 2011;

         11) an iPhone 3, black, bearing FCC ID number BCGA1303B, seized from Duvaughn Butler on March 1, 2011;

         12) a Time Capsule 802.11N WiFi hard drive, bearing serial number C86H6722DM73, seized from Omar Butt on March 15, 2012;

         13) a SanDisk memory card, 8 GB, seized from Omar Butt on March 15, 2012;

         14) a SanDisk memory card, 16 GB, seized from Omar Butt on March 15, 2012;

         15) a SanDisk memory card, 32 GB, seized from Omar Butt on March 15, 2012;

         16) a Canon Power Shot camera, red, model 50780, seized from Omar Butt on March 15, 2012;

         17) an Apple iPhone 4, bearing serial number 579CE2380A, seized from Omar Butt on March 15, 2012;

         18) an AT&T cell phone, black, bearing serial number Q4V7NB1180518074, seized from Omar Butt on March 15, 2012;

         19) an AT&T cell phone, black, bearing serial number Q4V7NB1180520439, seized from Omar Butt on March 15, 2012;

         20) a Motorola cell phone, black, bearing serial number H31LJGTFJT, seized from Omar Butt on March 15, 2012;

         21) an iPhone 3, 16 GB, black, model A1241, bearing FCC ID number BCGA1241, seized from Omar Butt on March 15, 2012;

         22) a MacBook Pro, bearing serial number CO2GJ0DW47, seized from Omar Butt on March 15, 2012;

         23) an iPhone, 8 GB, bearing serial number 8174ETWH8, seized from Omar Butt on March 15, 2012;

         24) an iPhone 4, black, model A1387, bearing FCC ID number BCGE2430A, seized from Omar Butt on March 15, 2012;

         25) an Apple Airport hard disk, bearing serial number 6F9394ER2UP, seized from Omar Butt on March 15, 2012;

         26) a Canon Pixma printer MP 600 with cable cords, seized from Omar Butt on March 15, 2012;

         27) a Datacard 1501 printer, bearing serial number 7464, seized from Omar Butt on March 15, 2012;

         28) a Power Printer ID Card 088025 Fargo Hi-Def printer, bearing serial number A3490223, seized from Omar Butt on March 15, 2012;

         29) a WD hard drive, bearing serial number WCAPD1154606, seized from Omar Butt on March 15, 2012;

         30) an AcomData HD drive, bearing serial number E43125, seized from Omar Butt on March 15, 2012;

         31) a DNY S.D. card, 4 GB, seized from Omar Butt on March 15, 2012;

         32) a DNY S.D. card, 8 GB, seized from Omar Butt on March 15, 2012;

         33) a Hitachi external hard drive, bearing serial number PAG52P3A, seized from Omar Butt on March 15, 2012;

         34) an Apple TV, bearing serial number YM7240QRYR4, seized from Omar Butt on March 15, 2012;

         35) a Dell laptop Latitude V300, bearing serial number CN03Y6453652138B0312, seized from Omar Butt on March 15, 2012;

         36) a Sigma DP2 camera, bearing serial number 1011595, seized from Omar Butt on March 15, 2012;

         37) an Acer laptop, bearing serial number LXE820X0258200F2792000, seized from Omar Butt on March 15, 2012;

         38) a PlayStation 3 D 53, bearing serial number CG158070191CECH2001A, seized from Omar Butt on March 15, 2012;

         39) an Xbox 360 2001 A, bearing serial number 152319705205, seized from Omar Butt on March 15, 2012;

         40) a PC tower, white, bearing serial number 0016318606, seized from Omar Butt on March 15, 2012;

         41) a PC tower, white, HP CD-Writer 9100 series (CD-ROM drive), seized from Omar Butt on March 15, 2012;

         42) a PC tower, white, bearing datacard number PH411423, seized from Omar Butt on March 15, 2012;

         43) a PC tower, white, bearing serial number DP000821120164028AJK324, (CD-ROM drive), seized from Omar Butt on March 15, 2012;

         44) a PC tower, white, bearing serial number 810F48069A30, (modem), seized from Omar Butt on March 15, 2012;

         45) a Canon DSLR 126251 SW11017, bearing serial number 2771201017, seized from Omar Butt on March 15, 2012;

         46) a Nuvarel wireless antenna, Virgin Mobile, black, ESN 09108460367, seized from Omar Butt on March 15, 2012;

         47) an ATM machine Nextran Com Net 3000, bearing identification number 4518420355271402, seized from Omar Butt on March 15, 2012;

         48) a hand truck, Milwaukee, black, model number 60138, seized from Omar Butt on March 15, 2012;

         49) an Epson printer Stylus NX415, seized from David Camez on May 27, 2010;

         50) an HP Photosmart printer C4740, seized from David Camez on May 27, 2010;

         51) a PVC card embosser ECard, seized from David Camez on May 27, 2010;

         52) a PVC card embosser Wonder, seized from David Camez on May 27, 2010;

         53) a hot stamping/tipper machine, seized from David Camez on May 27, 2010;

         54) a Dell XPS 420 with monitor, bearing serial number 2V4Z9G1, seized from David Camez on May 27, 2010;

         55) a Playstation 3, bearing serial number CF347430751-CECHP01, seized from David Camez on May 27, 2010;

         56) a Gateway laptop 450SX4, bearing serial number 0026868574, seized from David Camez on May 27, 2010;

         57) a Sony Vaio with power cord, bearing serial number C602H3NQ, seized from David Camez on May 27, 2010;

         58) a credit card skimming device, seized from David Camez on May 27, 2010;

         59) a magnetic strip card reader and writer, seized from David Camez on May 27, 2010;

         60) a soldering iron, seized from David Camez on May 27, 2010;

         61) a lock pick kit, seized from David Camez on May 27, 2010;

         62) eleven (11) Motorola TracFones, bearing serial numbers H62LJW5D7T, H62LJW459P, H62LJW67NZ, H62LJW5D2H, H62LJW4536, H62LJW5D4F, H62LJW459L, H62LJW39BN, H62LJW5D2Q, H62LLY3735, and H62LJJDN3L, seized from Heather Dale on March 20, 2012;

         63) ten (10) Verizon Samsung cell phones, bearing serial numbers A000001756COAF, A000001756FE63, A000001756E6C5, A000001756C28A, A000001756E6B8, A0000017569E83, A0000017581301, A0000017581F1B, A0000017525F292, and A00000175252314, seized from Heather Dale on March 20, 2012;

         64) three (3) LG TracFones, bearing serial numbers 903CQNL204871, 903CQTB243385, and 904CQLH354776, seized from Heather Dale on March 20, 2012;

         65) an S.D. card, 2 GB, bearing serial number 518532, seized from Shiyang Gou on March 15, 2012;

         66) an IBM IGB flash drive, seized from Shiyang Gou on March 15, 2012;

         67) a Cruzer mini 256 MB flash drive, seized from Shiyang Gou on March 15, 2012;

         68) a memory stick adapter with memory card, seized from Shiyang Gou on March 15, 2012;

         69) five (5) ScanDisk memory cards, seized from Shiyang Gou on March 15, 2012;

         70) two (2) Sony Memory Stick Pro Duo, seized from Shiyang Gou on March 15, 2012;

         71) a Samsung phone, bearing serial number R3YXA56711T, seized from Shiyang Gou on March 15, 2012;

         72) an LG phone, bearing serial number 811KPT M022569, seized from Shiyang Gou on March 15, 2012;

         73) a Nokia cell phone, bearing serial number 661ABRM520, seized from ...


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