Maxim Lam v. United States

I. Background

The federal government contends that Lam participated in a scheme, in violation of 8 U.S.C. § 1324(a), that helped ille- gal aliens procure Oregon driver’s licenses. Section 1324(a) criminalizes harboring or bringing illegal aliens into the United States. On February 20, 2004, the government filed a civil forfeiture complaint in federal district court under 28 U.S.C. § 1355 against assets allegedly traceable to Lam’s scheme. The district court issued a warrant for arrest in rem and seizure.

A month later, the federal government obtained an indict- ment against Lam. It charged him with ten counts of encour- aging aliens to reside in the United States unlawfully, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv), by facilitating their unlawful acquisition of Oregon driver’s licenses. The govern- ment then filed an amended civil forfeiture complaint specify- ing additional assets seized from Lam’s home and his safe deposit box. The amended complaint was supported by an affidavit from Glenn Watson, a Special Agent with the United States Immigration and Customs Enforcement Service, who investigated the driver’s license scheme. The court issued an amended warrant for arrest…