United States v. Trading Post of Pasco, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Daniel Walsh (“Walsh”), Judith Walsh, and Trading Post of Pasco, Inc. (collectively “Appellants”) appeal the district court’s order granting the government’s motion for summary judgment that certain funds are subject to civil forfeiture by the government. We reverse.
“We review the grant of summary judgment de novo.” United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003). “We determine, viewing the evidence in the light most favorable to nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied substantive law.” Id.
Under 31 U.S.C. § 5324 (a), a person may not structure transactions “for the purpose of evading the reporting requirements of [31 U.S.C. § ] 5313(a)” or applicable regulations. By regulation, financial institutions must report all currency transactions involving more than $10,000, subject to certain exceptions which are not applicable here. See 31 C.F.R. § 103.22 (b)(1). Pursuant to 18 U.S.C. § 981 (a)(1)(A), the federal government may file a civil forfeiture action against funds that were the subject of structured banking transactions. 31 U.S.C. § 5317 (c)(2).