United States of America v. 438,393 in the United States Currency
Published: May 7, 2016 | Result Date: Apr. 12, 2016 | Filing Date: Jan. 1, 1900 |Case number: 5:16-cv-00359-RGK-GJS Bench Decision – Motion Granted
Court
USDC Central
Attorneys
Plaintiff
Jonathan S. Galatzan
(Office of the U.S. Attorney)
Lawrence S. Middleton
(Office of the U.S. Attorney)
Claimant
Facts
Jamie Zatarian filed this instant motion seeking the return of $438,393 in currency seized by law enforcements in Palm Springs on Jan. 28, 2015.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant unlawfully seized plaintiff's currency from two safes. Plaintiff claimed the seizure was void because the government failed to timely file a complaint for the forfeiture.
DEFENDANT'S CONTENTIONS:
Defendant argued that the court should deny plaintiff's request for the return of the seized property because he received direct notice of the seizure. Plaintiff also allegedly failed to allege that the disputed funds had been administratively forfeited. As a result, his claim was barred.
Result
The court ultimately granted Zatarian's motion for the return of the disputed currency.
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