$13K out of $23K seized at airport returned to couple

The U.S. government has agreed to return $13,000 out of the $23,000 to a couple that claimed ownership to the money that was seized at the Francisco C. Ada Saipan International Airport from a hand-carried luggage of a store worker who was bound for Shanghai, China in February last year.

In exchange, couple Xingnong Xu and Shaorong Zheng have agreed that all their interest in the remaining $10,000 shall be forfeited to the U.S. government for disposition according to law.

The U.S. government, through assistant U.S. attorney Russell H. Lorfing, and claimants Xu and Zheng, through counsel Samuel I. Mok, decided to divide the amount after reaching a settlement agreement.

Under the agreement, Xu ang Zeng stipulated that there was a reasonable cause for the seizure of their $23,000.

Xu and his wife, Zheng, earlier claimed they are the innocent owners of the forfeited money at issue.

Xu and Zheng, through counsel Mok, in their petition said they did not know that Delin Ma, who actually transported the money would fail to report the currency on a FinCen Form 105 as required by law.

Mok said the couple collectively earned the money from their joint savings from their long-time employment as managers at LN Market and Blue Sky Market.

Mok said the $20,000 was intended for the couple’s son’s living expenses and tuition payment for private school, and Xu’s mother for Chinese New Year celebration.

Mok said $3,000 was for a personal loan to Ma.

Mok asked the U.S. District Court for the NMI to return to the couple the seized $23,000.

A federal grand jury indicted Ma with one count of bulk cash smuggling out of the United States.

Under the currency reporting laws, a person is required to report any amount of currency $10,000 and over when traveling out of or into the U.S.

Ma pleaded guilty.

Attorney Mark Hanson, counsel for Ma, said the defendant was stopped at the Saipan airport on his way back to China for his son’s wedding.

In December 2015, the court imposed a 36-month probation sentence on the 52-year-old Ma. The court forfeited the $23,000 seized from Ma.

The court also ordered to return to Ma the $3,294 that he was carrying on his person at the time of his arrest.

In the U.S. government’s motion to dismiss, Lorfing said in no way do petitioners provide the time and circumstances of their acquisition of their legal interest in the forfeited money in a way that would allow the court to determine if they have a claim for which relief could be granted.

In Xu’s and Zheng’s petition for return of the seized property, Mok said at the time of the seizure, Ma was a full-time employee of LN Market.

Mok said Ma is Zheng’s distant relative.