United States v. $97,667.00 in U.S. Currency

Good Law
538 F. Supp. 2d 1246·2007 WL 4984174·2007 U.S. Dist. LEXIS 96585
United States District Court, Central District of CaliforniaNovember 5, 2007CV 07-1048 DSF (MANx)California4,017 words

Opinion

Opinion

Fischer, J.

Proceedings: (IN CHAMBERS) Order DENYING Claimants’ Motion for Judgment on the Pleadings

Plaintiff seeks forfeiture of $97,667.00 in U.S. currency (the “Currency”) pursuant to 21 U.S.C. § 881 (a)(6) and 18 U.S.C. § 981 (a)(1)(C), alleging that the Currency bears a substantial connection to illegal drug activity.

This matter is before the Court on Claimants’ Motion for Judgment on the Pleadings (“Motion”). Claimants argue that Plaintiff has failed to allege a sufficient connection between the Currency and any illegal activity. He also argues that the Court lacks subject matter jurisdiction because Plaintiff has not alleged sufficient facts to demonstrate probable cause for the seizure.

Having considered the submissions of the parties and having heard oral argument, the Court DENIES Claimants’ Motion.

I. FACTS

In June 2006, special agents from the Drug Enforcement Administration (“DEA”) received information from the Anaheim Police Department (“Anaheim PD”) that an Anaheim PD confidential source (“CS”) was in contact with a narcotics trafficker in Orange County using the name “Yucca” and telephone number (213) 663-6487. (ComplA 9.) Anaheim PD officers subsequently identified…

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