NO. 18 Cl 0007E?i13 JEFFERSON CIRCUIT COURT DIVISION EIGHT JUDGE A.C. MCKAY GHAUVIN SAINT MATTHEWS POLICE DEPARTMENT PLAINTIFF VS. KONG PENG VANG AND 193,049.00 UNETED STATES CURRENCY DEFENDANTS motion of the Plaintiff and the Defendant stipulating probable cause for forfeiture; ET HEREBY ORDERED AND ADJUDGED AS FOLLOWS: l. A Judgment is hereby entered in favor of Plaintiff, in the amount of 193,049.00 in U.S. Currency seized by the Plaintiff and said funds shall be forfeited and paid as set forth in paragraphs two (2) and three (3) of this Judgment. I 2. . Pursuant to KRS ?fteen percent of said currency forfeited, shall be awarded to the Jefferson County Attorney. 3. Pursuant to KRS eighty-?ve percent of said currency forfeited, namely $164,091.65, shall be paid to the Saint Matthews Police Department, the law enforcement agency that seized the property. 4. Defendant shall be entitled to claim his personal property recovered by the Plaintiff. 5. Court costs against Defendant are waived. This is a ?nal and appealable Order and there is no just reason for delay. ?645? ?13" 71:3 ENTERED Wok Kadmacho Assistant County Attorney 531 Court Place Louisville, KY 40202 Have ifseen/sfpulatepj Mobable cause for forfeiture and have no objection: William M. Butler Jr. Attorney for Defendant Vang 500 West Jefferson Street, Suite 1520 Louisville, KY 40202 ?Lingual; 7" i err? 7 "Han?3. rE~ Latent Lawn, is NO.: 18CI-000781 I CIRCUIT COURT DIVISION EIGHT (8) JUDGE A.C. MCKAY CHAUVIN SAINT MATTHEWS POLICE DEPARTMENT PLAINTIFF v. ANSWER KONG PENG VANG and $193,049.00 UNITED STATES CURRENCY DEFENDANTS Comes the Defendant, KONG PENG VANG, by counsel, owner of $193,049.00 of United States Currency and for his answer to the Complaint states as follows: 1. The Defendant, Kong Peng Vang, states that the $193,049.00 in question was in his lawful possession and was being kept in room #403 of the Hilton Garden Inn, 400 Sherburn Lane, Louisville, Kentucky. The Defendant states that the $193,049.00 was not used or intended to be used in any manner to facilitate the commission of a violation of KRS 218A.010, et.seq. . The Defendant denies that the $193,049.00 was furnished or intended to be furnished in exchange for a controlled substance in violation of KRS Chapter 218A or as proceeds traceable to the exchange of a controlled substance in violation of KRS Chapter 218A. The Hilton Garden Inn at 400 Sherburn Lane, Louisville, Kentucky removed the $193,049.00 from Room #403 Which Kong Peng Vang occupied without his permission and turned it over to the Saint Matthews Police Department. tintl'??ttiit?ftt?t tififitl?i?lzfti'tft Qatari {Etta-325%? {Litters knit-Ann .ur? t??itnrt Btwiti 5. .icaftces'istni Hat 5. Both this Court and the United States District Court for the Western District of Kentucky have original jurisdiction over this matter. 6. Kong Peng Vang resides at 4549 N. Angus, Fresno, California 93726. 7. Defendant Kong Peng Vang admits to the averments made by the Plaintiff in its paragraph 1 of the ?Facts Giving Rise to this Action?. 8. Defendant Kong Peng Vang admits to the averrnents made by the Plaintiff in its paragraph 2 of the ?Facts Giving Rise to this Action?. 9. Defendant Kong Peng Vang denies the averrnents made by the Plaintiff in its paragraph 3 of the ?Facts Giving Rise to this Action?. 10. Defendant Kong Peng Vang admits the room was registered to him as stated in paragraph 4 by the Plaintiff of the ?Facts Giving Rise to this Action?. 11. Defendant Kong Peng Vang is without suf?cient knowledge as to the truth of paragraph 5 of the ?Facts Giving Rise to this Action? so denies the same. 12. Defendant Kong Peng Vang is without suf?cient knowledge as to the truth of paragraph 6 of the ?Facts Giving Rise to this Action? so denies the same. 13. Defendant Kong Peng Vang is without suf?cient knowledge as to the truth of paragraph 7 of the ?Facts Giving Rise to this Action? so denies the same. - WHEREFORE, Defendant Kong Peng Vang demands that the seized currency be returned to him. Respectfully submitted, s/ WILLIAM M. BUTLER, JR. William M. Butler, Jr. 500 West Jefferson Street STE 1520 Louisville, Kentucky 40202 (502) 582?2020 Counsel for Defendant Email: wnibGi/?kvcriniinallawyerroni . {?rst David taiit.:ttetaen. ittzi as: {Steed-~21 titer; warms? Niagitelf?ritam thwart: 5m CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing Answer was ?led using the NEF system and mailed ?rst Class, postage prepaid to the Honorable B. Frank Radrnacher, ill and to the Honorable Patrick CM. Hoerter, Assistant Jefferson County Attorney, 531 Court Place, Suite 900, Louisville, Kentucky 40202 this the 7th day of March, 2018. 8/ WILLIAM M. BUTLER, JR. William M, Butler, Jr. titted ?2312?: Emma ii tatteraitieorz. tad NO. 3.2 JEFFERSON CIRCUIT COURT DIVISIONH.H-M is POLICE DEPARTMENT PLAINTIFF vs. VERIFIED COMPLAINT FOR FORFEITURE KONG PENG VANG SERVE AT: Hilton Garden Inn Mall of St. Matthews 3 400 Sherburn Lane i? Louisville, Kentucky 40207 2 I, g. of; if? l? and $193,049.00 UNITED STATES CURRENCY ??ng DEFENDANTS a: a: ?k Comes now the Plaintiff, Saint Matthews Police Department, by counsel, and states as follows: URISIDICTION AND VENUE 1. This is a civil action, brought to enforce the provisions of KRS 218A.410 for the forfeiture of I currency which was used, or intended to be used, in any manner or part to commit or facilitate the commission of a violation of KRS 218A.010 et seq. - 2. This civil forfeiture action arises from the fact that there is probable cause to believe the Defendant, Kong Peng Vang held the aforesaid currency was furnished or intended to be furnished in exchange for a controlled substance. in Violation of KRS Chapter 218A, or is proceeds traCeable to the exchange of a controlled substance in violation of KRS 1 Chapter 21 8A. 3. This Court has original jurisdiction and venue over this matter pursuant to KRS THE PARTIES l. The Defendant is Kong Peng Vang. 2. The Defendant is $192,049.00 US. Currency. FACTS GIVING RISE TO THIS ACTION 1. That on or about February 4, 2018, the Saint Matthews Police Deparrnent were contacted by the Hilton Garden Hotel about money and other belongings left in a room registered to Defendant, Kong Peng Vang. (Exhibit 1) I 2. Upon arrival the investigating officers discovered currency totaling $192,049.00 in various denominations. (Exhibit 2) i 3. Through further inspections of the room, various items were discovered and were consistent with use in the illegal sale of drugs. (Exhibit 3) 4. Investigators determined the room was registered to Defendant, Kong Peng Vang. 5. As stated in Exhibit 1, a narcotics canine alerted on the cash evidence indicating the presence of narcotics odor. 6. Pursuant to the provisions of KRS since the cuirency was found in such close proximity to Drug Distributing Paraphernalia, it is legally presumed to be ibrfeitable. 7. The confiscated currency and controlled substance in violation of KRS Chapter 218A is subject to the claims of the Plaintiff pursuant to KRS WHEREFORE, the Plaintiff demands as folloWs: 1. That judgment of forfeiture be entered and the Court to Order disbursement of the con?scated currency among interested parties as provided by KRS Respectfully submitted, MICHAEL J. . . . {ff/av .. k/ ?1 22? B. Frank Radm?cher 111 Patrick C.M. Hoerter Assistant Jefferson County Attorney 531 Court Place, Suite 900 Fiscal Court Building Louisville, KY 40202 (502) 574?6333 Counsel for Plaintiff