United States v. Funds Representing Proceeds of Drug Trafficking in the Amount of $75,868.62

ORDER GRANTING CLAIMANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

This case is before the Court on the Motion for Judgment on the Pleadings by Claimant Corporación E. Inversiones Shemtov (hereinafter “Claimant”). For the reasons set forth below, the Motion is GRANTED.

FACTS

This action was instituted with a verified Complaint for Forfeiture in Rem filed Under Seal on February 13, 1998, alleging claims under United States Code Title 18 sections 981 and 984, for forfeiture of funds laundered in violation of Title 18 sections 1956 and 1957. The Government’s Ex Parte Application to File the Complaint under Seal explained that the case involved a money laundering criminal operation which was still under investigation, and the Government did not wish to expose the undercover investigation publicly, as yet. Thus, it sought to file the complaint under seal “to preserve a statute of limitations.” Ex Parte Application at 4. The complaint was filed (hereinafter “Original Complaint”) and, after the seizure of the funds, an amended verified complaint was filed on November 19, 1998 (hereinafter “Amended Complaint”).

Attached to the Amended Complaint and incorporated by reference therein is the…