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U.S. v. ONE (1) LOT OF $24,900.00 IN U.S. CURRENCY

No. 84-5207.

770 F.2d 1530 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. ONE (1) LOT OF TWENTY-FOUR THOUSAND NINE HUNDRED DOLLARS ($24,900.00) IN U.S. CURRENCY, Defendant, Robert Chemaly, Claimant-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 17, 1985.

Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Michael W. Burnbaum, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellant.

Lawrence Rosen, Miami, Fla., for claimant-defendant-appellee.

Before GODBOLD, Chief Judge, HILL, Circuit Judge, and PECK, Senior Circuit Judge.

JAMES C. HILL, Circuit Judge:

Appellant United States appeals a district court order dismissing its complaint for forfeiture in rem, brought under 31 U.S.C. § 5317(b). The district court held that the complaint failed to state a claim under 31 U.S.C. § 5317(b) because it did not allege that Robert Chemaly, the traveler who allegedly failed to report the currency in compliance with 31 U.S.C. § 5316, acted with knowledge of the currency reporting...

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