United States v. an Interest in the Real Property Located at 2101
Opinion
Opinion
Wilson, J.
ORDER REGARDING THE COURT’S IN-TRIAL RULING REGARDING THE INTERPRETATION OF THE STATUTORY INNOCENT OWNER DEFENSE
I. Introduction
This is an asset forfeiture case in which the Government seeks to forfeit an interest in four commercial properties owned by the Claimants Sohela Naimi and Naimis, LLC (“the Claimants”). The parties stipulated that the Claimants purchased the defendant properties at least in part with money that had been the subject of currency violations under 31 U.S.C. § 5324 (a)(1) and (a)(3). The only issue for trial, therefore, was whether the Claimants could prove that they were innocent owners within the meaning of 18 U.S.C. § 983 (d)(3)(A), so as to avoid forfeiture. A jury trial on that issue was held on July 13-14, 2010, and the jury found in favor of the Government.
The Court issues the following Order to explain the basis for its ruling during trial regarding the scope of the statutory innocent owner defense.
II. Innocent Owner Defense
Claimants seek protection under the “innocent owner” defense articulated in 18 U.S.C. § 983 (d)(3)(A), which provides:
18 U.S.C. § 983 (d)(3)(A) (emphasis added). The first element of the defense — that the Claimants were…