Ullah

MEMORANDUM *

Louisa Ullah appeals the district court’s order granting forfeiture of $349,370.09 in U.S. currency (the “defendant currency”), in which she claims a community property interest. The district court had jurisdiction under 28 U.S.C. § 1345 . We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

The United States filed the present forfeiture action on June 23, 1999. The parties stipulated in the district court that Ullah’s husband, Hameed “Tony” Ullah (“Tony Ullah”), obtained the defendant currency through a fraudulent health care scheme commenced in approximately 1990. Louisa Ullah, a homemaker, was entirely ignorant of her husband’s illegal activities. Based on its investigations of Tony Ullah, the United States seized the defendant currency in November and December of 1993. In 1995, Tony Ullah was indicted for money laundering. Shortly thereafter, he fled the country and remains a fugitive.

Based on these stipulated facts, the parties submitted two questions of law to the district court: 1) whether the current forfeiture action is barred by the 5-year statute of limitations, and 2) whether the “innocent owner” defense of former § 981(a)(2) is available to…