United States of America v. $383,365.70 in Bank Funds and $34,860 in U.S. Currency
Published: Apr. 1, 2017 | Result Date: Feb. 13, 2017 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-07554-GW-GJS Bench Decision – Plaintiff
Court
USDC Central
Attorneys
Plaintiff
Lawrence S. Middleton
(Office of the U.S. Attorney)
Katharine Schonbachler
(Office of the U.S. Attorney)
Claimant
Michael J. Proctor
(Iversen Proctor LLP)
Facts
The federal government brought a civil in rem forfeiture action pursuant to 18 U.S.C. section 981(a)(1)(C).
Contentions
PLAINTIFF'S CONTENTIONS:
The government contended that Hee Sun Shim and others engaged in a fraudulent immigration scheme in which they operated businesses that claimed to be accredited education institutions in which foreign students paid them to receive student visas event though the students never actually attended courses. This evidence supported forfeiture of $383,365.70 in bank funds and $34,860.00 in U.S. currency seized from the schools.
CLAIMANTS' CONTENTIONS:
Hee Sun Shim and Il Soon Lee contended that they had an interest in the funds.
Result
The court found that there was reasonable cause for the seizure entitling it to a judgment as to $383,365.70 in bank funds and $34,860.00 in U.S. currency, plus interest.
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