United States v. $49,790 in United States Currency
Opinion
Opinion
Walker, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The parties herein have submitted cross-motions for summary judgment. Doc. ## 34, 48. Claimant moves for the return of $49,790 in United States currency (“the currency” or “the currency at issue”), Doc. # 34, and the government cross-moves for forfeiture, arguing that the currency is substantially connected to drug trafficking. Doc. # 48.
The court held a hearing on the parties’ motions on November 4, 2010, during which the parties mutually agreed to convert their motions for summary judgment into final submissions for adjudication: a bench trial on the papers. In so doing, the parties acknowledged that all of the facts relevant to adjudication are contained in their respective submissions and requested that the court make any credibility determinations or weigh evidence as necessary to rule. This, of course, the court may do, Starsky v. Williams, 512 F.2d 109, 112-13 (9th Cir.1975), as all relevant facts are contained in written record, Chevron USA, Inc. v. Cayetano, 224 F.3d 1030 , 1038-39 n. 6 (9th Cir.2000) (quoting TransWorld Airlines, Inc. v. American Coupon Exchange, Inc., 913 F.2d 676 (9th Cir.1990)).