In re Return of Seized Property

Good Law
130 F. Supp. 3d 1354·2015 U.S. Dist. LEXIS 126979
United States District Court, Southern District of CaliforniaSeptember 11, 2015Case No. 15cv0233-MMA (KSC)California1,588 words

Opinion

Lead Opinion

Anello, J.

ORDER DENYING MOTION FOR RETURN OF SEIZED PROPERTY [Doc. No. 1]

On February 5, 2015, Movant David Trimmer filed a Motion for Return of Seized Property pursuant to 18 U.S.C. § 983 (a)(3)(A). Doc. No. 1 (“Motion”). The United States of America (“United States”) filed its Response in Opposition on March 16, 2015, Doc. No. 4, and Mr. Trimmer replied on August 10, 2015, Doc. No. 13. The Court determined the matter suitable for decision on the papers and without oral argument pursuant to Civil Local Rule 7.1(d)(1). For the reasons set forth below, the Court DENIES Mr. Trimmer’s Motion.

Background

The Drug Enforcement Administration seized approximately $4,000 1 in U.S. Currency from Mr. David Trimmer on May 6, 2014. Mr. Trimmer submitted an administrative claim seeking return of the money on July 17, 2014. The United States elected not to file a complaint for forfeiture, and submitted a request to disburse the funds back to Mr. Trimmer through the Bureau of the Fiscal Service (“Fiscal Service”), the part of the Department of the Treasury responsible for disbursing most payments from federal agencies.

Before disbursing funds, the'Fiscal Service, in partnership with the Internal…

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