Legal Opinion
United States v. United States Currency in the Amount of One Hundred Forty-Five Thousand, One Hundred Thirty-Nine Dollars
District Court, E.D. New York
Decided August 12, 1992No. CV 91-4949PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge:
Based on intimations in Supreme Court and Court of Appeals decisions, claimant moves to dismiss this civil forfeiture proceeding on the grounds of double jeopardy and excessive punishment. He has already been convicted and punished for failing to declare over $10,000 in cash he was taking from the country. The government now seeks to keep all the cash claimant was then carrying — some $145,000. The motion must be denied. The cash must be forfeited.
I. FACTS
This action, begun on December 13,1991, is to forfeit money under 31 U.S.C. § 5317(c). The…
2Cases cited48 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Solem v. HelmSupreme Court of the United States · 1983
- United States v. HalperSupreme Court of the United States · 1989
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
43 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. $94,000.00 in United States Currency, Along With Any Interest Earned Thereon in First Financial Savings Ass'n Account 79-70063411Court of Appeals for the Seventh Circuit · 1993
- United States v. United States Currency in Amount of One Hundred Forty-Five Thousand, One Hundred Thirty-Nine DollarsCourt of Appeals for the Second Circuit · 1994
- United States v. United States Currency in the Amount of One Hundred Forty-Five Thousand, One Hundred Thirty-Nine DollarsCourt of Appeals for the Second Circuit · 1994
- Quinones-Ruiz v. United StatesDistrict Court, S.D. California · 1994
- United States v. U.S. Currency in the Amount of $119,984District Court, E.D. New York · 2001
8 more not listed; retrieve them via the Exa API.