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PEOPLE v. $1,124,905 U.S. CURRENCY

No. 79106.

685 N.E.2d 1370 (1997)

177 Ill.2d 314

226 Ill.Dec. 627

The PEOPLE of the State of Illinois, Appellee, v. $1,124,905 U.S. CURRENCY AND ONE 1988 CHEVROLET ASTRO VAN (Jesus Mena, Appellant).

Supreme Court of Illinois.

September 18, 1997.

Attorney(s) appearing for the Case

Jerome Rotenberg, Chiumento, Katz & Guntharp, Palm Coast, FL, for Jesus Mena.

Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, State's Attorneys App. Pros. of Springfield, Springfield, State's Attorney of McLean County, Bloomington, Charles F. Mansfield, Staff Atty., State's Atty. Appellate Prosecutor, Springfield, for the People of the State of Illinois.

Justice NICKELS delivered the opinion of the court:

In this appeal, we examine the forfeiture of $1,124,905 police discovered in a van Jesus Mena was driving. The State initiated civil forfeiture proceedings in the circuit court of McLean County by filing a complaint against the currency and the van pursuant to the Drug Asset Forfeiture Procedure Act (725 ILCS 150/1 et seq. (West 1994)). In response, Jesus filed a claim and verified answer and subsequently...

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