United States v. $1,474,770.00 in U.S. Currency

ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE CLAIM AND ANSWER OF JAVIER ACOSTA LARIOS PURSUANT TO 28 U.S.C. § 2466 , [DOC. # 12]

INTRODUCTION

Pending before this Court is the motion of plaintiff United States of America (“Plaintiff’) to strike the claim and answer of Javier Acosta-Larios (“Claimant”) pursuant to Title 28, United States Code, Section 2466 . Doc. # 12. The motion has been fully briefed by the parties. After careful consideration of the pleadings presented, and for the reasons set forth below, this Court GRANTS Plaintiffs motion.

BACKGROUND

A criminal complaint was filed against Claimant on May 7, 2007, alleging he was involved in a conspiracy to commit international money laundering in violation of Title 18, United States Code, Section 1956 (h). See Doc. # 6, Exh. 1. The complaint states that as a result of committing the money laundering offense, Claimant shall forfeit the property involved, including the $1,474,770.00 in U.S. currency which is the subject of the instant complaint. Id. A warrant was issued for the arrest of Claimant on May 7, 2007, and is still outstanding. Id. at 4 . On May 7, 2007 a copy of the criminal complaint was sent with a letter to…