U.S. v. $173,081.04 IN U.S. CURRENCY

No. 87-1132.

835 F.2d 1141 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. $173,081.04 IN U.S. CURRENCY AND ONE PERSONAL CHECK DRAWN BY JAIME BUENDIA IN THE AMOUNT OF $21,128.00, Defendant, and Raul Arvizo-Morales & Casa de Cambio Juarez, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 22, 1988.


Attorney(s) appearing for the Case

Richard D. Esper, Mitchell Esper, El Paso, Tex., for claimants-appellants.

Mark M. Greenberg, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., El Paso, Tex., for plaintiff-appellee.

Before REAVLEY, POLITZ, and JONES, Circuit Judges:


EDITH H. JONES, Circuit Judge:

Claimants appeal the district court's judgment that they must forfeit $194,209.04 for violating the Currency and Foreign Transactions Reporting Act, 31 U.S.C. § 5311 et seq. Although the result in this case is undeniably harsh, as are most forfeiture actions, we are constrained to affirm with a modification.

FACTS

Raul Arvizo-Morales is an employee at Casa de Cambio...

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