United States v. Approximately Five Hundred Forty-One Thousand Nine Hundred Fifty-Three Dollars and Zero Cents ($541,953.00) Seized from JP Morgan Chase Na Account Number 928805297 Held In The Name of Jiawig Trade Inc.

District Court, E.D. New York·Decided March 27, 2025·No. 1:23-cv-09585·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------- UNITED STATES OF AMERICA,

Plaintiff, MEMORANDUM & ORDER 23-CV-9585 (MKB) (PK) v.

APPROXIMATELY FIVE HUNDRED FORTY- ONE THOUSAND NINE HUNDRED FIFTY- THREE DOLLARS AND ZERO CENTS ($541,953.00) SEIZED FROM JP MORGAN CHASE NA ACCOUNT NUMBER 928805297 HELD IN THE NAME OF JIAWIG TRADE INC.,

Defendant. --------------------------------------------------------------- MARGO K. BRODIE, United States District Judge: Plaintiff United States of America (“Government”) commenced the above-captioned civil forfeiture action in rem against approximately $541,953 held in account number 928805297 at J.P. Morgan Chase Bank NA in the name of Jiawig Trade Inc. (“Jiawig Account”) and all traceable proceeds in the account (“Defendant Funds”). (Compl., Docket Entry No. 1.) The Government seeks to have the Defendant Funds forfeited and condemned to the use of the United States as property involved in, or traceable to property involved in, money laundering and as property constituting or derived from proceeds traceable to a wire fraud scheme pursuant to 18 U.S.C. § 981(a)(1)(A) and (C).1 (Id. ¶ 1.) On February 22, 2024, the Government filed an 0F

1 Section 981(a)(1)(A) provides for the forfeiture of “[a]ny property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957, or 1960 of this title, or any property traceable to such property.” 18 U.S.C. § 981(a)(1)(A). The Government alleges that the Defendant Funds are property traceable to the laundering of monetary instruments in violation of section 1956(a)(1)(B)(i) or conspiracy to commit such an offense in violation of 1956(h). (See Compl. ¶¶ 1, 8.) Section 981(a)(1)(C) provides for the Amended Complaint that added factual allegations and requested the Court order (1) a warrant for arrest of the Defendant Funds; (2) notice of the proceedings be given to all interested persons; (3) forfeiture of the Defendant Funds and condemn them to the Government’s use; and (4) award of costs, disbursements, and other further relief the Court deems just and proper.2 (Am. Compl., 1F Docket Entry No. 5.) On August 12, 2024, the Clerk of Court entered default. (Clerk’s Entry of Default, Docket Entry No. 11.) On August 14, 2024, the Government moved for default judgment and decree of forfeiture and order for delivery. (Gov’t’s Mot. for Default J. (“Gov’t’s Mot.”), Docket Entry No. 12; Gov’t’s Mem. in Supp. of Gov’t’s Mot. (“Gov’t’s Mem.”), Docket Entry No. 17.) On August 15, 2024, the Court referred the Government’s motion to Judge Kuo for a report and recommendation. (Order dated Aug. 15, 2024.) By report and recommendation dated February 10, 2025, Judge Kuo recommended that the Court grant the Government’s motion for default judgment and order that the Defendant Funds be forfeited and condemned to the use and benefit of the Government, and that the United States Secret Service (“USSS”), and its respective agents

or contractors, shall dispose of the Defendant Funds in accordance with all applicable laws and regulations (the “R&R”). (R&R, Docket Entry No. 18.)

forfeiture of “[a]ny property, real or personal, which constitutes or is derived from proceeds traceable to a violation of,” inter alia, “specified unlawful activity” or a conspiracy to commit such offense.” 18 U.S.C. § 981(a)(1)(C). The Government alleges that the proceeds of the property is traceable to the unlawful activity of wire fraud in violation of 18 U.S.C. § 1343. (Compl. ¶ 1.) 2 On February 26, 2024, Magistrate Judge Peggy Kuo issued a warrant for arrest of articles in rem. (Order for Warrant, Docket Entry No. 6.) On August 7, 2024, the Government certified that it posted a notice of forfeiture on an official government website for at least thirty consecutive days and served notice of the in rem action on the two potential known claimants, Jiawig Trade Inc. and MiaoMiao Zhang. (Decl. of Publication, Docket Entry No. 7; Certificate of Service, Docket Entry No. 8.) No person appeared, filed claims, or otherwise responded or moved with respect to the notice of forfeiture or Amended Complaint. No party has objected to the R&R and the time for doing so has passed. I. Background In April of 2023, the USSS uncovered multiple victims of an investment fraud scheme within the United States, including within the Eastern District of New York (the “Investment Fraud Scheme”).3 (Am. Compl. ¶ 29.) The Investment Fraud Scheme utilized “fraudulent

investment and/or cryptocurrency trading applications” (“Fraudulent Investment Platforms”) designed to convince users that they are “popular investment and/or cryptocurrency trading platforms into which their cryptocurrency or fiat currency4 can be deposited.” (Id. ¶ 27.) Victims of the scheme sent money to various Fraudulent Investment Platforms and websites purporting to be legitimate cryptocurrency exchanges and/or investment platforms and were also convinced to wire fiat currency to various fraudulent companies on the belief that they were investing in gold and/or cryptocurrency. (Id. ¶ 29.) The Jiawig Account was opened on or about February 23, 2023, and the sole signatory on the account was MiaoMiao Zhang. (Id. ¶¶ 38–39.) Jiawig Trade Inc., the business entity

associated with the Jiawig Account, is registered to “Farscar Cap Ltd,” has a registration address of 90 State Street, Suite 700, Albany, New York, and MiaoMiao Zhang was registered as the filer on January 19, 2023. (Id. ¶ 42.) Law enforcement agents learned that Jiawig Trade Inc.

3 The Court assumes the truth of the factual allegations in the Amended Complaint for the purpose of deciding the Government’s motion. 4 See Donovan v. GMO-Z.com Tr. Co., Inc., No. 23-CV-8431, 2025 WL 522503, at *1 (S.D.N.Y. Feb. 17, 2025) (describing “fiat” currencies as an alternate term for government- issued currencies); Nero v. Uphold HQ Inc., 688 F. Supp. 3d 134, 141 (S.D.N.Y. 2023) (defining fiat currencies as “government-backed money such as the U.S. Dollar and British Pound”); see also Secs. & Exch. Comm’n v. Ripple Labs, Inc., 682 F. Supp. 3d 308, 317 (S.D.N.Y. 2023) (listing U.S. dollars and Mexican pesos as examples of fiat currencies), motion to certify appeal denied, 697 F. Supp. 3d 126 (S.D.N.Y. 2023). purportedly “sells durable goods such as brushes, storage boxes, hair stickers,” did not maintain a visible online presence or advertising, and its registered address is listed as a “virtual office space where individuals can use to receive mail, register companies, and for marketing purposes.” (Id. ¶¶ 42–43.)

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United States v. Approximately Five Hundred Forty-One Thousand Nine Hundred Fifty-Three Dollars and Zero Cents ($541,953.00) Seized from JP Morgan Chase Na Account Number 928805297 Held In The Name of Jiawig Trade Inc., (E.D.N.Y. 2025).

United States v. Approximately Five Hundred Forty-One Thousand Nine Hundred Fifty-Three Dollars and Zero Cents ($541,953.00) Seized from JP Morgan Chase Na Account Number 928805297 Held In The Name of Jiawig Trade Inc. (United States v. Approximately Five Hundred Forty-One Thousand Nine Hundred Fifty-Three Dollars and Zero Cents ($541,953.00) Seized from JP Morgan Chase Na Account Number 928805297 Held In The Name of Jiawig Trade Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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