Opinion
22 Civ. 00229 (JMF)
03-25-2022
UNITED STATES OF AMERICA, Plaintiff, v. A LATE 12TH CENTURY BAYON-STYLE SANDSTONE SCULPTURE DEPICTING EIGHTARMED AVALOKITESHVARA, A LATE 12TH CENTURY BAYON-STYLE SANDSTONE SCULPTURE DEPICTING BUDDHA UNDER A NAGA, AN 11TH CENTURY KLEANG-STYLE SANDSTONE SCULPTURE DEPICTING VISHNU, AN 8TH CENTURY PRE-ANGKOR PERIOD SANDSTONE SCULPTURE DEPICTING STANDING BUDDHA, A 10TH CENTURY PRE RUP-STYLE BRONZE SCULPTURE DEPICTING A FEMALE DEITY, POSSIBLY LAKSHMI, AN ANGKOR WAT-STYLE BRONZE SCULPTURE DEPICTING SEATED BUDDHA, AN 8TH CENTURY CHAM BRONZE SCULPTURE DEPICTING DURGA, A 10TH CENTURY KOH KER-STYLE SANDSTONE SCULPTURE OF A YAKSHA, AN 11TH CENTURY BAPHUON-STYLE SANDSTONE SCULPTURE DEPICTING FOURARMED AVALOKITESHVARA, A 14TH CENTURY CHIANG SAEN-STYLE BRONZE SCULPTURE DEPICTING SEATED BUDDHA, A LATE 14TH CENTURY AYUTTHAYA-PERIOD BRONZE HEAD OF BUDDHA, AN 8TH CENTURY STANDING BRONZE SCULPTURE DEPICTING AVALOKITESHVARA, A 10TH CENTURY KOH KER-STYLE SANDSTONE SCULPTURE DEPICTING GANESHA, AN 18TH TO EARLY 19TH CENTURY MANDALAY-STYLE BRONZE, PAINT AND GILT SCULPTURE DEPICTING SEATED BUDDHA, A 12TH CENTURY BAGAN-STYLE BRONZE SCULPTURE DEPICTING STANDING BUDDHA, AN 11TH CENTURY BAPHUON-STYLE SANDSTONE SCULPTURE DEPICTING VISHNU, A LATE 12TH CENTURY SANDSTONE SCULPTURE DEPICTING GARUDA ASTRIDE A NAGA, A 7TH TO 8TH CENTURY BRONZE SCULPTURE DEPICTING AVALOKITESHVARA, A 12TH CENTURY BRONZE SCULPTURE DEPICTING VISHVAKARMAN, A 12TH CENTURY ANGKOR WAT-STYLE PAIR OF BRONZE FINIALS, A 12TH CENTURY BRONZE TRIAD OF BUDDHIST SCULPTURES, A 9TH CENTURY GOLD KOSA HEAD OF SHIVA, A 6TH CENTURY ANGKOR BOREI-STYLE SANDSTONE HEAD OF BUDDHA, A 12TH CENTURY ANGKOR WAT-STYLE BRONZE SCULPTURE DEPICTING STANDING SHIVA, A 12TH CENTURY BAYON-STYLE BRONZE SCULPTURE DEPICTING AVALOKITESHVARA, A 6TH TO 7TH CENTURY SANDSTONE MUKHALINGA, AN 8TH CENTURY BRONZE SCULPTURE DEPICTING BODHISATTAVA AVALOKITESHVARA, A PAIR OF 12TH CENTURY GOLDEN BOWLS ON BRONZE BASES, A 13TH TO 14TH CENTURY SUKHOTHAI-STYLE GILT BRONZE HEAD OF BUDDHA, A 12TH CENTURY KHMER BRONZE BOAT PROW IN THE FORM OF A GARUDA, AN 11TH CENTURY CHOLA-STYLE BRONZE SCULPTURE DEPICTING CHANDRASEKARA, AN 11TH CENTURY CHOLA-STYLE BRONZE SCULPTURE DEPICTING SHIVA NATARAJA, AN 11TH CENTURY CHOLA-STYLE BRONZE SCULPTURE DEPICTING SHIVAKAMI, and, A 7TH CENTURY ANGKOR BOREI-STYLE BRONZE SCULPTURE DEPICTING STANDING BUDDHA, Defendants-in-rem.
JUDGMENT OF FORFEITURE
HONORABLE JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
WHEREAS, on or about January 11, 2022, the United States commenced an in rem forfeiture action seeking the forfeiture of the Defendants-in-rem, by the filing of a Verified Civil Complaint for Forfeiture (the “Verified Complaint”). The Verified Complaint alleged that the Defendants-in-rem are subject to forfeiture pursuant to Title 18, United States Code, Sections 542, 545, 981, and 2314, and Title 19, United States Code, Section 1595;
WHEREAS, notice of the Verified Complaint against the Defendants-in-rem was posted on the official government internet site, www.forfeiture.gov, for at least 30 consecutive days, beginning on January 21, 2022, through February 19, 2022, and proof of such publication was filed with the Clerk of this Court on March 24, 2022 (D.E. 5);
WHEREAS, as set forth in Rule G(4)(a)(ii) and Rule G(5)(a)(ii), the notice of forfeiture specified the Defendants-in-rem and the intent of the United States to forfeit and dispose of the Defendants-in-rem, thereby notifying all third parties of their right to file a claim to adjudicate the validity of their alleged legal interest in the Defendants-in-rem within sixty days from the first day of publication of the Notice on the official government internet site;
WHEREAS, on or about February 3, 2022, the Government sent direct notice of the
Verified Complaint by Certified Mail to the following:
Jim Clark
Greenwich, CT 06831
(the “Noticed Party”);
WHEREAS, the Noticed Party is the only individual and/or entity known to the Government to have a potential interest in the Defendants-in-rem; and
WHEREAS, no claims or answers have been filed or made in this action and no other parties have appeared to contest the action, and the requisite time periods in which to do so, as set forth in Title 18, United States Code, Section 983(a)(4)(A) and Rule G of the Supplement Rules for Admiralty or Maritime Claims and Asset Forfeiture Claims, have expired;
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. The Defendants-in-rem shall be, and the same hereby are, forfeited to the plaintiff United States of America.
2. The United States shall dispose of the Defendants-in-rem, according to law.
The Clerk of Court is directed to terminate ECF No. 6 and close this case. All conferences are canceled.
SO ORDERED.