Forfeiture of defendant’s money in birth tourism case is revoked

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has granted a motion by the U.S. Attorney’s Office to issue an order revoking her order last year that forfeited in favor of the U.S. government the $31,960 that was seized from a tourist who was sentenced to 12 months and one day in prison after being convicted of running an illegal business that offered trip packages to pregnant Chinese women seeking to give birth on Saipan.

In the U.S. government’s motion for order rescinding a final order of forfeiture in the case against Sen Sun, assistant U.S. attorney Eric O’Malley said they inadvertently obtained the order without first obtaining a preliminary order of forfeiture.

O’Malley said the preliminary order of forfeiture is a prerequisite to publish notice—and publication necessary to notify third parties—of the government’s intent to dispose of the properties.

He said the preliminary order of forfeiture and publication allow third parties to assert any interest they may have in the properties.

“This due process to third parties is required before the United States can have clear title to the properties,” he said, adding that they will move for a preliminary order of forfeiture.

O’Malley said that, by pleading guilty in May 2018, Sun admitted, among other things, that he knowingly harbored illegal aliens.

O’Malley said by Sun’s admission, the U.S. government has established the required nexus between the properties and the offense for which he has been found guilty.

Specifically, the prosecutor said, the U.S. government has established that the properties listed in the final order of forfeiture were proceeds of harboring illegal aliens—as charged in the indictment, or otherwise facilitated the commission of the crime.

Accordingly, he said, the properties are subject to forfeiture, pursuant to the U.S. Code.

On May 23, 2018, Manglona granted the U.S. government’s motion for a final order of forfeiture.

In that order, Manglona ordered that Sun shall forfeit to the U.S. government the $8,541 that was seized upon his arrest and $23,419 that was confiscated during a search of his home.

On May 18, 2018, Sun, also known as Sam Sun, was sentenced in federal court to 12 months and one day in prison. He was given credit for the time he has already served in prison.