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U.S. v. LEAK

Nos. 93-2302, 96-1873.

123 F.3d 787 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis James LEAK; TKC, Inc., Claimants-Appellants, and 5709 Hillingdon Road, Charlotte, North Carolina, (Deed Book 5062, Page 119, Mecklenburg County Register of Deeds); A 1989 Ford Taurus, VIN 1FABP52DOKG172210, Defendants, Karen Tinsley Leak; Charlotte-Mecklenburg County Tax Collector, Claimants. UNITED STATES of America, Plaintiff-Appellee, v. Karen Tinsley LEAK; Curtis James Leak, Claimants-Appellants, and 5709 Hillingdon Road, Charlotte, North Carolina, (Deed Book 5062, Page 119, Mecklenburg County Register of Deeds); A 1989 Ford Taurus, VIN 1FABP52DOKG172210, Defendants, TKC, Inc.; Charlotte-Mecklenburg County Tax Collector, Claimants.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1997.

Attorney(s) appearing for the Case

ARGUED: Michael Smith Scofield, Charlotte, NC; James Frank Wyatt, III, Charlotte, NC, for Appellants. Frank DeArmon Whitney, Assistant United States Attorney, Charlotte, NC, for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, Charlotte, NC, for Appellee.

Before WILLIAMS and MICHAEL, Circuit Judges, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge MICHAEL wrote the opinion in which Judge WILLIAMS and Judge GOODWIN joined.

OPINION

MICHAEL, Circuit Judge:

Claimants-appellants Curtis Leak and Karen Leak lost their home and car on summary judgment in this forfeiture action. The government contends that the Leaks intentionally structured a series of bank deposits to avoid the reporting requirements of 31 U.S.C. § 5313(a). Because the Leaks...

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