U.S. v. Real Property Located at 475 Martin Lane
| Citation | 545 F.3d 1134 |
| Decision Date | 03 October 2008 |
| Docket Number | No. 06-56393.,No. 06-56158.,No. 07-55653.,No. 06-56168.,06-56158.,06-56168.,06-56393.,07-55653. |
| Parties | UNITED STATES of America, Plaintiff, and Christopher Kim, a/k/a Kyung Joon Kim, KJ Kim and Chris Kim; Bora Lee; Se Young Kim; Young Ai Kim; Erica M. Kim; First Stephora Avenue, Inc.; Alexandria Investment, LLC, Claimants-Appellees, Optional Capital, Inc., a/k/a Optional Ventures, Claimant-Appellant, v. REAL PROPERTY LOCATED AT 475 MARTIN LANE, BEVERLY HILLS CALIFORNIA, Real Property located at, a/k/a Seal A; 924 North Beverly Drive, Beverly Hills, California, Real Property located at, a/k/a/ Seal A; All Funds in Credit Suisse Private Banking Account No. 0251-844548-6 in the Name of Alexandria Investment, LLC; All Funds in Credit Suisse Private Banking Account No. 0251-922787-3 in the Name of Erica Mihae Kim; $956,525.06 in Funds Seized, from United Commercial Bank Account No. 63600084, in the name of First Stephora Avenue, Inc.; $157,329.05 in Funds Seized, from United Commercial Bank Account No. 63599914, in the name of Alexandria Investment, LLC; $174,315.16 in Funds Seized from Wilshire State Bank Account No. 3219380, in the name of Se Young Kim; 2004 Mercedes Benz CL500, one; 2002 Mercedes Benz S500, one; 1990 Ferrari 550 Maranello, one; 2003 Landrover Range Rover, one; 2002 Porsche Boxster, one; 2002 Toyota Tacoma Pickup Truck, one; 1999 Porsche Carrera, one Various Miscellaneous Furniture and Household Items, Defendants. United States of America, Plaintiff, and Christopher Kim, a/k/a Kyung Joon Kim, KJ Kim and Chris Kim; Bora Lee; Se Young Kim; Young Ai Kim; Erica M. Kim; First Stephora Avenue, Inc.; Alexandria Investment, LLC, Claimants-Appellees, DAS Corporation, f/k/A DAEBU Machinery Co. Ltd., Claimant-Appellant, v. Real Property Located at 475 Martin Lane, Beverly Hills California, Real Property located at, a/k/a Seal A; 924 North Beverly Drive, Beverly Hills, California, Real Property located at, a/k/a/ Seal A; All Funds in Credit Suisse Private Banking Account No. 0251-844548-6 in the Name of Alexandria Investment, LLC; All Funds in Credit Suisse Private Banking Account No. 0251-922787-3 in the Name of Erica Mihae Kim; $956,525.06 in Funds Seized, from United Commercial Bank Account No. 63600084, in the name of First Stephora Avenue, Inc.; $157,329.05 in Funds Seized, from United Commercial Bank Account No. 63599914, in the name of Alexandria Investment, LLC; $174,315.16 in Funds Seized from Wilshire State Bank Account No. 3219380, in the name of Se Young Kim; 2004 Mercedes Benz CL500, one; 2002 Mercedes Benz S500, one; 1990 Ferrari 550 Maranello, one; 2003 Landrover Range Rover, one; 2002 Porsche Boxster, one; 2002 Toyota Tacoma Pickup Truck, one; 1999 Porsche Carrera, one Various Miscellaneous Furniture and Household Items, Defendants. United States of America, Plaintiff-Appellant, Christopher Kim, a/k/a Kyung Joon Kim, KJ Kim and Chris Kim; Bora Lee; Se Young Kim; Young Ai Kim; Erica M. Kim; First Stephora Avenue, Inc.; Alexandria Investment, LLC, Claimants-Appellees, v. Real Property Located at 475 Martin Lane, Beverly Hills California, Real Property located at, a/k/a Seal A; 924 North Beverly Drive, Beverly Hills, California, Real Property located at, a/k/a/ Seal A; All Funds in Credit Suisse Private Banking Account No. 0251-844548-6 in the Name of Alexandria Investment, LLC; All Funds in Credit Suisse Private Banking Account No. 0251-922787-3 in the Name of Erica Mihae Kim; $956,525.06 in Funds Seized, from United Commercial Bank Account No. 63600084, in the name of First Stephora Avenue, Inc.; $157,329.05 in Funds Seized, from United Commercial Bank Account No. 63599914, in the name of Alexandria Investment, LLC; $174,315.16 in Funds Seized from Wilshire State Bank Account No. 3219380, in the name of Se Young Kim; 2004 Mercedes Benz CL500, one; 2002 Mercedes Benz S500, one; 1990 Ferrari 550 Maranello, one; 2003 Landrover Range Rover, one; 2002 Porsche Boxster, one; 2002 Toyota Tacoma Pickup Truck, one; 1999 Porsche Carrera, one Various Miscellaneous Furniture and Household Items, Defendants. United States of America, Plaintiff-Appellant, Christopher Kim, a/k/a Kyung Joon Kim, KJ Kim and Chris Kim; Bora Lee; Se Young Kim; Young Ai Kim; Erica M. Kim; First Stephora Avenue, Inc.; Alexandria Investment, LLC, Claimants-Appellees, and Optional Capital, Inc., a/k/a Optional Ventures, Claimant, v. Real Property Located at 475 Martin Lane, Beverly Hills California, Real Property located at, a/k/a Seal A; 924 North Beverly Drive, Beverly Hills, California, Real Property located at, a/k/a/ Seal A; All Funds in Credit Suisse Private Banking Account No. 0251-844548-6 in the Name of Alexandria Investment, LLC; All Funds in Credit Suisse Private Banking Account No. 0251-922787-3 in the Name of Erica Mihae Kim; $956,525.06 in Funds Seized, from United Commercial Bank Account No. 63600084, in the name of First Stephora Avenue, Inc.; $157,329.05 in Funds Seized, from United Commercial Bank Account No. 63599914, in the name of Alexandria Investment, LLC; $174,315.16 in Funds Seized from Wilshire State Bank Account No. 3219380, in the name of Se Young Kim; 2004 Mercedes Benz CL500, one; 2002 Mercedes Benz S500, one; 1990 Ferrari 550 Maranello, one; 2003 Landrover Range Rover, one; 2002 Porsche Boxster, one; 2002 Toyota Tacoma Pickup Truck, one; 1999 Porsche Carrera, one Various Miscellaneous Furniture and Household Items, Defendants. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
John E. Lee and Monica E. Tait, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellant-cross-appellee.
Ralph Rogari, Rehm & Rogari, Los Angeles, CA; William K. Mills and Michael K. Zweig, Parker Mills Morin LLP, Los Angeles, CA, for the claimants-appellants.
Eric S. Honig, Law Office of Eric Honig, Marina Del Rey, CA, for the claimants-appellees-cross-appellants.
Appeal from the United States District Court for the Central District of California; Audrey B. Collins, District Judge, Presiding. D.C. Nos. CV-04-02788-ABC, CV-04-03386-ABC, CV-05-03910-ABC.
Before: STEPHEN S. TROTT, SIDNEY R. THOMAS, and RAYMOND C. FISHER, Circuit Judges.
This consolidated appeal requires us to decide, inter alia, whether the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA") permits district courts to authorize ex parte extensions of the deadline to file civil forfeiture complaints. We hold that it does. We further hold that, in the event of a dismissal of a civil forfeiture complaint by the court, a district court retains jurisdiction to adjudicate competing claims of ownership over the defendant property.
This case arises out of acts of fraud allegedly masterminded by Christopher Kim ("Kim") on two South Korean corporations, DAS Corporation ("DAS") and Optional Capital, Inc. ("Optional").1 According to the complaint, Kim, a United States citizen working in South Korea, fraudulently obtained control over a South Korean corporation that Kim renamed Optional Ventures Korea, Inc. Kim then allegedly embezzled millions of dollars from this corporation, transferred the funds into bank accounts in the United States, and used the money to acquire the various assets at issue in this appeal.
The Republic of Korea requested that the United States extradite Kim. As a result of the extradition request and a subsequent investigation, the United States seized more than $1 million in three U.S. bank accounts along with six vehicles in May 2004 ("the May 2004 properties"). The FBI sent timely notice to the interested parties of the government's seizure of and intent to administratively forfeit those properties pursuant to 18 U.S.C. § 983(a)(1)(A)(i).
Kim, Erica Kim, Bora Lee, and Kim's parents Se Young Kim and Young Ai Kim filed timely claims contesting the forfeiture. Erica Kim filed additional claims on behalf of First Stephora Avenue, Inc. and Alexandria Investments, LLC.2 Because it was still investigating Kim's fraud, the government filed an ex parte application for an extension of time to file its civil forfeiture complaint, pursuant to 18 U.S.C. § 983(a)(3)(A). Judge Dale S. Fischer granted the application, extending the filing deadline for another ninety days. Judge Fischer granted the government two more ninety day extensions, also upon the government's ex parte application. Each time, the government based its requests on the fact that its investigation was still ongoing. As a result, it eventually seized other assets in April 2005.
In May 2005, the government filed its complaint for forfeiture of the May 2004 properties along with two Credit Suisse bank accounts in the name of Erica Kim and First Stephora Avenue, Inc., a seventh vehicle, and various pieces of furniture and household items. The Kim Claimants then filed verified statements of interest contesting the forfeiture of all the defendant assets. Optional and DAS, a second alleged corporate victim of Kim's fraud, also filed verified claims to the property. In addition, Optional filed an answer to the complaint. The case involving the May 2004 properties was then transferred to Judge Audrey B. Collins and consolidated with two related civil forfeiture cases involving real property seized from the Kim Claimants.
The Kim Claimants filed a motion to dismiss the complaint as to the May 2004 properties because the government had not timely filed the complaint. The district court granted the Kim Claimants' motion to dismiss. The district court also ruled that claimants DAS and Optional had standing as victims of Kim's alleged fraud, and thus deferred ruling on the disposition of the defendant property. Subsequently, the district court held that, following its Rule 12(b)(6) dismissal of the government's forfeiture complaint, it no longer had jurisdiction to adjudicate competing claims to the dismissed properties. Thus, the court granted the Kim Claimants' motion for an order releasing the May 2004 properties. DAS,...
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