United States v. $100,348.00 U.S. Currency

ORDER DENYING CLAIMANT’S MOTIONS FOR (1) FOR SUMMARY JUDGMENT BASED ON LACK OF PROBABLE CAUSE FOR FORFEITURE; ■ (2) REMISSION/DENIAL OF ANY FORFEITURE PURSUANT TO THE 8TH AMENDMENT; GRANTING IN PART AND DENYING IN PART GOVERNMENT’S MOTION FOR SUMMARY JUDGMENT; GRANTING GOVERNMENT’S REQUEST FOR ADDITIONAL DISCOVERY

I.

INTRODUCTION

This case arises out of Claimant Eytan Mayzel’s (“Claimant”) violation of the currency reporting laws upon his departure from the United States. United States Customs officers seized Defendant $100,348.00 United States Currency (“defendant currency”) from Claimant as he was about to board a Virgin Atlantic flight to return to his home in Israel. Plaintiff United States of America (“Government”) filed this civil forfeiture action pursuant to 31 U.S.C. § 5317 .

Before the Court are Claimant’s Motions for: (1) Summary Judgment Based on Lack of Probable Cause for Forfeiture; and (2) Remission/Denial of any Forfeiture Pursuant to the Eighth Amendment. Because the Government requests summary judgment in its Opposition, the Court treats the matter as cross-motions for summary judgment. Also before the Court is the Government’s request for additional…