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Torts
Forfeiture
Drug Related Seizure of Property

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

Steven R. Welk

Jonathan S. Galatzan
(Office of the U.S. Attorney)

Eileen M. Decker

Lawrence S. Middleton
(Office of the U.S. Attorney)


Claimant

Andres Bustamante


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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