United States v. $671,160.00 in U.S. Currency
2013 U.S. App. LEXIS 19253
| 9th Cir. | 2013Background
- Currency: $671,170 seized from Ionita in California; civil forfeiture under 21 U.S.C. § 881(a)(6).
- Ionita, a Canadian citizen, was stopped in Anaheim; currency found in trunk; he claimed it was not his and was not detained beyond seizure.
- Criminal charges filed in California; arrest warrant issued; Ionita failed to surrender and bail set at $600,000.
- Government moved to strike Ionita’s claim under 28 U.S.C. § 2466 (Fugitive Disentitlement); district court granted and entered default judgment for the United States.
- Ionita challenged the statute’s application; court of appeals affirms treating Ionita as a fugitive under § 2466(a)(1).
- Court reviews de novo the statute’s legal applicability and abuse of discretion for disentitlement; counts of elements established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ionita is a fugitive under § 2466(a)(1) | Ionita argues he did not leave to avoid prosecution | United States argues he declined to enter/reenter to face charges | Yes; Ionita is fugitive under § 2466(a)(1) |
Key Cases Cited
- Collazos v. United States, 368 F.3d 190 (2d Cir. 2004) (fugitive disentitlement when evidence shows avoidance of prosecution)
- United States v. Eng, 951 F.2d 461 (2d Cir. 1991) (doctrine supports disentitlement against fugitives)
- United States v. Salti, 579 F.3d 656 (6th Cir. 2009) (adverse inferences and disentitlement standards applied)
- United States v. 6,190.00 in U.S. Currency, 581 F.3d 881 (9th Cir. 2009) (clear framework for fugitive disentitlement elements)
- Ortega-Rodriguez v. United States, 507 U.S. 234 (1993) (fugitive disentitlement policy rationale)
- Certain Real Property and Premises Known as 4003-4005 5th Ave., Brooklyn, N.Y., 55 F.3d 78 (2d Cir. 1995) (supports adverse inference in civil forfeiture context)