United States v. Approximately $44,888.35 in U.S. Currency

MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

This civil forfeiture action arises out of the criminal investigation and prosecution of Scott Poll and his company, Red Rock, LLC (“Red Rock”), for a scheme to defraud cable operators by selling illegal cable descramblers. The United States seeks forfeiture of approximately $44,888.35 in funds seized on December 3, 2003 (“defendant funds”) from one of Red Rock’s bank accounts. North American Bancard (“NAB”) filed a verified claim to a portion of the defendant funds, which the government now moves to dismiss. For the following reasons, the…