United States v. $739,047.03 in U.S. Currency

MEMORANDUM *

Antonio Medina and his sister, Angeles Medina, withdrew $738,642.29 from a Prudential investment account in May 2000. Over the next two months, they unsuccessfully attempted to transfer those funds from several banks in the United States to an account in Spain. The government, believing that these funds were subject to seizure, instituted this forfeiture proceeding against the money.

The district court granted summary judgment against the United States, finding that the government did not present sufficient evidence that the funds were proceeds from prior criminal activity, and that there was no triable issue of fact regarding whether Medina violated the bank fraud statute, 18 U.S.C. § 1344 . The government appeals the district court’s grant of summary judgment. Additionally, Medina cross-appeals the district court’s decision not to void the seizure warrant underlying this action, as well as an earlier order granting the government’s motion to amend its complaint.

Government’s Appeal

“Any property ... involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such proper *247 ty” is…