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U.S. v. AHMAD

No. 98-1467.

213 F.3d 805 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Shakeel AHMAD, Claimant-Appellee, and $167,558.186 in U.S. Currency Seized from the First Virginia Bank, Account 90690044; $3,718.02 in U.S. Currency Seized from the First Virginia Bank, Account 93905491; $711.64 in U.S. Currency Seized from First Virginia Bank Account 90690095; $8,296.90 in U.S. Currency Seized on 10/25/93, From the Persons of Shakeel Ahmad and Zamir Ahmed; $5,000 Posted in 1993 With the Internal Revenue Service as a Cost Bond with Respect to Administrative Forfeiture Proceedings Against the Monies Seized from Certain First Virginia Bank Accounts; $1,302 Posted in 1993 With the Customs Service as Cost Bond with Respect to Administrative Forfeiture Proceedings Against Monies Seized from Shakeel Ahmad and Zamir Ahmed; Zamir Ahmed; Mian Ahmed, Defendants, v. First Virginia Bank, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided May 25, 2000.

Attorney(s) appearing for the Case

ARGUED: Gordon Dean Kromberg, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Michael Stefan Nachmanoff, Cohen, Gettings & Dunham, P.C., Arlington, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Frank W. Dunham, Jr., Cohen, Gettings & Dunham, P.C., Arlington, Virginia, for Appellee.

Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges.

Reversed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge NIEMEYER and Judge WILLIAMS joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this in rem civil action the government appeals an order denying forfeiture of the defendant funds. The government contends that some of the funds were used to structure financial transactions in violation of 31 U.S.C. § 5324 (1994), and that the remainder constitutes a substitute...

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