United States v. Avedis Djeredjian

MEMORANDUM

Defendant Avedis Djeredjian (“Defendant”) was convicted of conspiring to violate the Contraband Cigarette Trafficking Act (“CCTA”), 18 U.S.C. § 2342 , and for structuring currency transactions to avoid reporting requirements in violation of 31 U.S.C. § 5324 . Ashken Djeredjian (“Petitioner”), Defendant’s mother and the occupant of a residence, 1633 Greenbriar Road, Glendale, California (“Greenbriar”), appeals from a summary judgment entered by the district court in favor of the Government as to her third-party petition, which sought to avoid the forfeiture of Greenbriar in satisfaction of a personal money judgment entered against Defendant. Petitioner complains that the district court improperly determined that: (a) Defendant maintained a forfeitable interest in Greenbriar; (b) Petitioner did not maintain a legal interest in the residence; and (c) absent her own legal interest, Petitioner was not otherwise in a position to challenge the forfeiture of Defendant’s property interest. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

“Upon a finding that the property involved is subject to forfeiture, a court must promptly enter a preliminary order of…