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U.S. v. U.S. CURRENCY IN AMOUNT OF $145,139.00

No. CV 91-4949.

803 F.Supp. 592 (1992)

UNITED STATES of America v. UNITED STATES CURRENCY IN the AMOUNT OF ONE HUNDRED FORTY-FIVE THOUSAND, ONE HUNDRED THIRTY-NINE DOLLARS ($145,139) and One Hundred Fifty Dollars ($150) in Travelers Checks, More or Less, Defendants.

United States District Court, E.D. New York.

August 12, 1992.

Attorney(s) appearing for the Case

Andrew Maloney, U.S. Atty. by Daniel F. DeVita, Brooklyn, N.Y., for the U.S.

Donald A. Harwood, James C. Neville, Harwood & Neville, New York City, for claimant.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

Based on intimations in Supreme Court and Court of Appeals decisions, claimant moves to dismiss this civil forfeiture proceeding on the grounds of double jeopardy and excessive punishment. He has already been convicted and punished for failing to declare over $10,000 in cash he was taking from the country. The government now seeks to keep all the cash claimant was then carrying — some $145,000. The motion...

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