United States v. $671,160.00 in U.S. Currency

Good Law
730 F.3d 1051·2013 WL 5227074·2013 U.S. App. LEXIS 19253
United States Court of Appeals for the Ninth CircuitSeptember 18, 201311-56924California3,632 words

Opinion

Opinion

Tallman, J.

This case involves the forfeiture of $671,170 in currency seized from a vehicle rented by Mike Ionita, a Canadian citizen. On the government’s motion, the district court invoked the Fugitive Disentitlement Statute, codified at 28 U.S.C. § 2466 , to strike Ionita’s claim to the funds. Through an attorney, Ionita appeals the district court’s dismissal of his verified claim and answer, and the resulting default judgment in favor of the United States, contending that he does not meet the statutory definition of a fugitive from justice. We conclude that he does. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.

I

Ionita was watched by Anaheim police officers exchanging luggage with a known narcotics dealer in the parking lot of a local hotel. The officers called for a marked police car to initiate a traffic stop, and a subsequent search of Ionita’s vehicle revealed substantial amounts of currency in the trunk. Ionita insisted that the money was not his and that he had no idea how it got there or to whom it belonged. The money was seized, Ionita was released, and he later returned to Canada.

On November 19, 2010, the government commenced an in rem civil…

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