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United States v. $104,250.00 in U.S. Currency
947 F. Supp. 2d 560
D. Maryland
2013
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Background

  • Civil forfeiture action against $104,250 seized at BWI TSA checkpoint on Sep 7, 2012.
  • Government filed Verified Complaint on Dec 6, 2012 asserting statutory forfeiture grounds.
  • Claimant Norma Fouche filed a claim Jan 15, 2013 asserting ownership; amended Mar 9, 2013 but remained vague.
  • Government informed Claimant that bald ownership assertions are insufficient and extended deadlines for compliance.
  • Claimant has aliases and a criminal history; Court treats standing and specificity as threshold issues; Government seeks to strike under Rule G(8).
  • Court granted Government’s motion to strike the claim; property forfeited to United States; case closed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Claimant’s Rule G(5)(a) claim is sufficiently detailed Fouche asserts ownership of funds Gonne treats vague assertions as insufficient Claim insufficient; strike warranted
Whether Rule G(6) special interrogatories are appropriate to test standing Interrogatories would reveal ownership details Special interrogatories are needed to test standing efficiently Court allows use of Rule G(6) interrogatories but emphasizes initial need for detailed claim
Whether the court should sanction or strike for noncompliance with Rule G(5)(a) Claimant should be given another chance Strike appropriate after multiple extensions Court grants motion to strike under Rule G(8)(c) as claimant opted not to perfect claim
Whether standing must be resolved before addressing merits Standing is established by ownership Standing unresolved until claim specificity shown Threshold standing issue governs sequence of proceedings
Whether the Government’s delay and extensions affected ruling Delays caused by claimant Discretionary to extend; not dispositive Delay in processing does not override the need for a valid claim

Key Cases Cited

  • United States v. $187,825.00, 484 F.3d 662 (3d Cir.2007) (verification deter false claims in forfeiture actions)
  • United States v. $125,938.62, 370 F.3d 1325 (11th Cir.2004) (verification essential to standing; may deter false claims)
  • United States v. 35 Firearms, 123 Fed.Appx. 204 (6th Cir.2005) (verification required; misstatements trigger sanctions)
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Case Details

Case Name: United States v. $104,250.00 in U.S. Currency
Court Name: District Court, D. Maryland
Date Published: May 29, 2013
Citation: 947 F. Supp. 2d 560
Docket Number: Civil No. 12-cv-03566-RDB
Court Abbreviation: D. Maryland