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Government
Civil Forfeiture
In Rem Forfeiture

United States of America v. Approximately $24,790.00 in U.S. Currency

Published: Oct. 29, 2016 | Result Date: Oct. 5, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:09-cv-02221-KJM-DB Bench Decision –  Plaintiff

Court

USDC Eastern


Attorneys

Plaintiff

Kevin C. Khasigian
(Office of the U.S. Attorney)

Phillip A. Talbert
(Office of the U.S. Attorney)


Defendant

Emmanuel Enyinwa
(Law Office of Emmanuel Enyinwa)


Facts

The federal government filed a complaint involving the forfeiture of approximately $24,780 in U.S. currency.

Contentions

PLAINTIFF'S CONTENTIONS:
In this civil forfeiture action, the subject currency was seized in March 2009, pursuant to 21 U.S.C. Section 881(a)(6). Plaintiff issued notice of the seizure to Sartaj Chahal, Gurjit Kaur, and Harry Transport LLC. Plaintiff contended that the funds were involved in the sale of MDMA, a psychoactive drug commonly known as ecstasy, and in connection with Chahal's conviction for conspiracy to distribute MDMA and possession with intent to distribute MDMA. Plaintiff claimed seizure of the currency was lawful.

DEFENDANT'S CONTENTIONS:
Chahal filed a claim on the currency, claiming he had 50 percent ownership over the funds. Chahal claimed that he and his wife Kaur earned the money over a period of time. Chahal denied that the currency came through illegal drug trafficking.

Result

The court entered a final judgment of forfeiture.


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