US govt seeks order to forfeit $31,960 in birth tourism case
The U.S. Attorney’s Office asked the federal court yesterday to issue a final order to forfeit to the U.S. government the $31,960 that was seized from a tourist who was convicted of running an illegal birth tourism business in the CNMI.
Assistant U.S. attorney Eric O’Malley said the order of forfeiture forms part of plea agreement between the U.S. government and Sen Sun.
Sen Sun was sentenced to 12 months and one day in prison after being convicted of running a business that offered trip packages to pregnant Chinese women seeking to give birth on Saipan.
O’Malley said the U.S. government published notice of the forfeiture for 30 days on the U.S. government’s official internet website. The notice was published on May 1, 2019, to May 30, 2019.
He said the notice advised any person having or claiming to have a legal interest in the money of their right to file a claim contesting the forfeiture.
O’Malley said no claims on the money were filed within that 30-day period.
On May 23, 2018, U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted the U.S. government’s motion for final order of forfeiture.
Last March, O’Malley moved for order rescinding the final order of forfeiture, saying 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.
Manglona granted the motion.
Authorities seized $8,541 from Sun during his arrest on Nov. 3, 2017, and $23,419 more during the search of his home in Gualo Rai on Nov. 9, 2017.
In December 2018, Sun pleaded guilty to harboring illegal aliens.
On May 18, 2018, Sun, also known as Sam Sun, was sentenced in federal court to 12 months and one day in prison.