United States v. Approximately $133,803.53 in U.S. Currency Seized From Washington Mutual Bank, N.A., Account 4420842802
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
This matter is before the court on claimant Flagstar Bank’s (“claimant” or “Flags-tar”) motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) as to $320,697.50 of defendant $328,495.75 in U.S. Currency. Plaintiff United States of America (“plaintiff’ or the “government”) opposes the motion and filed a motion to strike the claim and answer of claimant pursuant to Supplemental Rule G(8) of the Supplemental Rules for Admiralty, Maritime Claims, and Asset Forfeiture Actions (“Supplemental Rules”). For the reasons set forth below, claimant’s motion for judgment on the pleadings is DENIED, and plaintiffs motion to strike Flagstar’s Claim and Answer is GRANTED.
BACKGROUND
The government filed this action for forfeiture in rem on February 17, 2009. (Verified Compl.) (“Compl.”, filed Feb. 17, 2009.) The funds at issue were seized on or about August 27, 2008, pursuant to valid search warrants. (Decl. of Kathleen Nicolls in Supp. of Compl (“Nicolls Deck”), Ex. A. to Compl., filed Feb. 17, 2009, ¶ 4.) The government believes that they are traceable to violations of federal law arising out of loan and credit fraud, identification…