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United States v. Tang

United States District Court, S.D. Mississippi, Northern Division

November 27, 2018

UNITED STATES OF AMERICA
v.
YAN FEI TANG

          D. MICHAEL HURST, JR. United States Attorney

          YAN FEI TANG Defendant

          TERENCE L. HIGH Attorney for Defendant

          AGREED PRELIMINARY ORDER OF FORFEITURE

         PURSUANT to a separate Plea Agreement and Plea Supplement between YAN FEI TANG, by and with the consent of his attorney, and the UNITED STATES OF AMERICA (hereinafter "the Government"), YAN FEI TANG (hereinafter the "Defendant") agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows:

         1. The Defendant is fully aware of the consequences of having agreed to forfeit to the Government his interests in and to the hereinafter described property, having been apprised of such by his attorney and by this Court; and he has freely and voluntarily, with knowledge of the consequences, entered into a Plea Agreement with the Government to forfeit such property.

         2. The Defendant agrees that the following property:

(1) $68, 124, 00 in United States Currency seized on February 22, 2017, from the China Buffet II Restaurant located at 2210 N. Frontage Road, Meridian, MS;
(2) $437, 046.00 in United States Currency seized on February 22, 2017, from safe deposit box number XX at Citizen's National Bank located at 512 22nd Avenue, Meridian, MS;
(3) $86, 070.00 in United States Currency seized on February 22, 2017, from 1108 61st Court, Meridian, MS;
(4) $106, 000.00 in United States Currency in lieu of real property located at 3808 North Hills Street, Meridian, MS;
(5) Insurance payment or proceeds relating to the 2007 Ford E-350 van bearing Mississippi tag number 1AQ943 and VIN: 1FBSS31L87DA58040; and
(6) $34, 212.94.00 in funds held in Citizens National Bank Account Number XXXXX4100 held in the name of Lin's China Buffet of Meridian, Inc.

         (collectively, "the Subject Property") constitutes or was derived from proceeds that the Defendant obtained, directly or indirectly, as a result of the offenses charged in the Information and/or was used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the offenses charged in the Information and/or was involved in the offenses charged in the Information. Such property is, therefore, subject to forfeiture pursuant to 18 U.S.C. § 982(a)(6); 8 U.S.C. § 1324(b); and 28 U.S.C. § 2461.

         3. The Defendant has been apprised that Rule 32.2 of the Federal Rules of Criminal Procedure, and 18 U.S.C. § 982 require the ...


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