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U.S. v. $3,000 IN CASH

Civ. A. No. 95-607-A.

906 F.Supp. 1061 (1995)

UNITED STATES of America, Plaintiff, v. $3,000 IN CASH and All Monies From Certain Bank Accounts, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

November 29, 1995.

Attorney(s) appearing for the Case

Helen F. Fahey, United States Attorney, Gordon D. Kromberg, Assistant United States Attorney, Alexandria, Virginia, Laury L. Gordon, Trial Attorney, Asset Forfeiture/Money Laundering, Washington, DC, for plaintiff.

Charles S. Leeper, Karl N. Metzner, Rebecca E. Kuehn, Spriggs & Hollingsworth, Washington, DC, for Claimant Kurt S. Moylan.

Lawrence E. Freedman, Fairfax, Virginia, for Claimant Ihedinachi I. Uzodinma.

C. Victor Mbakpuo, Silver Spring, Maryland, for Claimant C. Victor Mbakpuo.

MEMORANDUM OPINION

ELLIS, District Judge.

This 18 U.S.C. § 981 civil forfeiture action presents two questions concerning who qualifies as an "owner" so as to have standing to invoke the innocent-owner provision of § 981(a)(2). The first is whether one who is at once a victim and a participant in a fraud is barred by the doctrine of unclean hands from asserting an equitable interest in the money he paid in connection with the fraud. The second...

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