United States v. $ 57,790.00 in United States Currency

ORDER IN SUPPORT OF DENIAL OF CLAIMANTS’ MOTION FOR RECONSIDERATION OF COURT’S RULING REGARDING STANDING

I. Introduction

This is a forfeiture action in which the standing of claimants Enedina Pereza-Soto and Ricardo Perez-Lopez has been hotly contested. The court previously ruled that claimants must establish standing by a preponderance of the evidence. Claimants have sought reconsideration of the court’s ruling. The motion for reconsideration is denied for the reasons set forth below.

II. Background

This civil forfeiture action is brought pursuant to the Civil Asset Forfeiture Reform Act of 2000. The United States seeks to forfeit $57,790 in cash (“the subject currency”) which, it is undisputed, was seized by U.S. Customs Service and U.S. Drug Enforcement Administration agents on July 27, 2000 from a vehicle driven by Mr. Perez-Lopez. See July 30, 2003 Pretrial Order. Mr. Perez-Lopez was stopped after driving away from 692 Arga Place, Chula Vista, California. The subject currency was found in the console of the vehicle and behind the driver’s seat.

For purposes of providing context to the issue presented, the court notes that it is the government’s contention that in…