Kessler v. United States

This case is before the court without oral argument on defendant’s motion to dismiss and on plaintiffs "Motion for Evidentiary Hearing.” For the reasons discussed hereafter, we conclude defendant’s motion should be denied and the matter remanded to the trial division for further proceedings.

Plaintiff Kessler alleges that he, doing business as Crest Packing Company, is the owner of a bank account in Tortola, British Virgin Islands. Kessler further alleges that the certificate of deposit evidencing this account and other personal items were seized pursuant to warrant by agents of the United…