United States v. Real Property Located at 5208 Los Franciscos Way

Good Law
385 F.3d 1187·2004 WL 2201373·2004 U.S. App. LEXIS 20617
United States Court of Appeals for the Ninth CircuitOctober 1, 2004No. 03-15396California2,718 words

Opinion

Lead Opinion

Fogel, J.

This is an appeal from a final judgment of forfeiture in a civil forfeiture action. After the action was terminated with respect to all other claimants, the district court granted summary judgment in favor of the United States and against the only remaining claimants, Levon and Eva. Mar-karian (“the Markarians”), concluding that • the Markarians lacked Article III standing to contest the forfeiture. The district court thereafter entered a final judgment of forfeiture. The Markarians assert that the district court erred in ruling that they lacked Article III standing and in entering the final judgment of forfeiture.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the judgment.

BACKGROUND

In 1995, Anahit Markarian (“Anahit”) and William Cherkezian formed a company that purportedly was in the business of providing wholesale medical supplies and equipment. In January 1998, the California State Controller’s Office notified Anah-it and Cherkezian that an audit had revealed that the company had overbilled the state’s Medi-Cal program by an amount in excess of $300,000. In March 1998, Anahit purchased the defendant real property located at 5208 Los Franciscos Way- in…

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