United States v. $186,416.00 in U.S. Currency

ORDER DENYING CLAIMANT UNITED MEDICAL CAREGIVERS CLINIC, INC.’S CONVERTED MOTION FOR SUMMARY JUDGMENT [42, 50]

I. INTRODUCTION

In evaluating this unusual case, the Court and the parties have encountered complicated and thorny questions at every turn. This converted motion for summary judgment is no different. The Government filed its verified complaint on Sep tember 12, 2005, against the defendant $186,416.00 in United States currency. This federal civil forfeiture action arose from the Los Angeles Police Department’s (“LAPD”) seizure, pursuant to a state search warrant, of marijuana, currency, and other items from claimant United Medical Caregivers Clinic, Inc. (“UMCC”). UMCC is, or was, a non-profit medical marijuana dispensary in Los Angeles, located at 4520 Wilshire Boulevard. The verified complaint for forfeiture was brought under 21 U.S.C. § 881 (a)(6), with the Government alleging that the defendant currency was traceable to federal narcotics violations pursuant to 21 U.S.C. §§ 841 , 846.

On August 16, 2006, (“August 16 Order”) this Court granted UMCC’s motion to quash the search warrant and suppress the defendant currency. The Court held that the evidence seized during…