United States v. $20,193.39 U.S. Currency

Claimant Zareh Berberian appeals the district court’s grant of summary judgment in favor of the United States in the government’s civil forfeiture action pursuant to 18 U.S.C. § 981 (a)(1)(A). The district court held that as an unsecured creditor, Berberian lacked standing to challenge the forfeiture of the defendant property. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm.

I

In February 1989, a grand jury issued a 27-count indictment against Vahe Andonian, Nazareth Andonian, and eight others. A petit jury convicted the Andonians and others of one conspiracy count and 25 substantive counts of money laundering in violation of 18 U.S.C. § 1956 (a)(1)(A), for transactions involving approximately $30,000,000 from June 1988 through December 1988. On February 11, 1991, the United States filed this civil forfeiture action against $20,198.39 in U.S. currency and hundreds of pieces of gold jewelry.

Overt acts alleged in the conspiracy included the use of several Andonian businesses to facilitate money laundering. Such businesses included Andonian Brothers Manufacturing, Inc. (ABI) and VNA Gold Exchange (VNA). These businesses were directly involved in the laundering of more than…