United States v. $3,148,884.40 United States Currency

ORDER RE: Claimant’s Motion for Judgment on the Pleadings

Claimant’s Motion for Judgment on the Pleadings came on regularly for hearing on August 9, 1999. After reviewing the materials submitted by the. parties, the arguments of counsel, and the case file, the Court hereby DENIES Claimant’s motion for judgment, but limits the Government’s forfeiture action to the amount of bank commissions and bank charges that were not returned to the Government via the cashier’s checks.

1. Background

This is an in rem action arising out of “Operation Check Mark” — an undercover money-laundering sting aimed at Mexican and South American banks. The Government seeks the forfeiture of approximately $3.1 million seized from accounts of Claimant Banco Internacional, S.A. (“Bital”), a Mexican bank.

The alleged probable cause for the seizures is set forth in the declaration of Gregory Williams, a United States Customs Service Special Agent. Williams alleges that, between May, 1997, and March, 1998, at least one Bital employee engaged in money laundering activities with undercover agents. Pursuant to the money laundering scheme, the Government deposited a total of $3,901,798.96 to Bital’s “interbank…