U.S. v. CAMBIO EXACTO, S.A.

Docket Nos. 97-6306, 97-6308 and 97-6312.

166 F.3d 522 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. CAMBIO EXACTO, S.A., Pan American Money Transfer, Inc., and Perusa, Inc., Claimants-Appellants, All Funds on Deposit and to be Deposited, Through and Including June 25, 1996, in Account Number 590018256 at Chemical Bank in the Name of Perusa, Inc., up to and Including the Amount of $1,282,322, and All Proceeds Traceable Thereto, Account Number 904-538990 at Chemical Bank in the Name of Olympic Remittance Corp., up to and Including the Amount of $67,070 and All Proceeds Traceable Thereto, Account Number 0191001247 at Ponce De Leon Federal Savings Bank in the Name of Pan American Express, Inc., up to and Including the Amount of $977,711, and All Proceeds Traceable Thereto, Account Number 2101668082 at National Westminster Bank in the Name of Corporacion Financiera De La Nueva Generacion, Inc. ("Corfinge"), and All Proceeds Traceable Thereto, All Funds on Deposit in Account Number 69643928 at Citibank in the Name of Pan American Express in the Amount of $82,000.00, and All Proceeds Traceable Thereto, Defendants.

United States Court of Appeals, Second Circuit.

Decided February 2, 1999.


Attorney(s) appearing for the Case

Zachary W. Carter, United States Attorney for the Eastern District of New York (Varuni Nelson, Arthur P. Hui, Jennifer C. Boal, Elliot M. Schachner, Assistant United States Attorneys, Of Counsel), for Plaintiff-Appellee.

Steven Cohn, Carle Place, New York, for Claimant-Appellant, Cambio Exacto, S.A.

Pierre F.V. Merle, Stairs Dillenbeck Finley & Merle, New York, New York, for Claimant-Appellant Pan American Money Transfer, Inc.

T. James Bryan, Bryan, Levitin & Bab, LLP, New York, New York, for Claimant-Appellant Perusa, Inc.

Before: CARDAMONE, PARKER, AND SACK, Circuit Judges.


SACK, Circuit Judge:

Claimants, Pan American Express, Inc.,1 Perusa, Inc. and Cambio Exacto, S.A., appeal from three decisions of the United States District Court for the Eastern District of New York (Mishler, J.) in a civil forfeiture action in which the United States obtained final decrees of forfeiture of funds held in their accounts. Claimants appeal: (1) an order denying motions by Pan American and Perusa to dismiss the government...

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