United States v. Younes Nasri

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-55685

Plaintiff-Appellee, D.C. No. 3:21-cv-01134- v. WQH-BLM

YOUNES NASRI,

OPINION

Claimant-Appellant,

v.

$1,152,366.18 IN FUNDS FROM

BENDURA BANK AG, PORTFOLIO

NUMBER XX5.280, Held in The Name of Golden Castle Technology Limited; $53,020.18 IN FUNDS

FROM BENDURA BANK AG,

PORTFOLIO NUMBER XX3.200,

Held in The Name of Younes Nasri,

Defendants.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted October 4, 2023 * Pasadena, California

Filed October 29, 2024

Before: Jay S. Bybee, Mark J. Bennett, and Roopali H. Desai, Circuit Judges.

Opinion by Judge Desai; Concurrence by Judge Bybee; Concurrence by Judge Desai; Dissent by Judge Bennett

SUMMARY **

Civil Forfeiture / In Rem Jurisdiction

In a civil forfeiture action brought by the United States to recover ill-gotten gains from fugitive Younes Nasri, the panel held that the district court’s exercise of in rem jurisdiction violated due process and…