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U.S. v. $8,221,877.16 IN U.S. CURRENCY

No. 02-1264.

330 F.3d 141 (2003)

UNITED STATES of America v. $8,221,877.16 IN UNITED STATES CURRENCY REPRESENTING; $6,871,042.36 Contained in Account Number 030101107 Known as the Venus Account, Held in the Name of or for the Benefit of Kesten Development Corp. at MTB Bank; $1,345,771.64 Contained in Account Number 12108 Known as the Tadeland Account Held at Forex Associates Which Maintains an Account at EAB Bank; $5,063.16 Contained in Account Number 08-1641-3 in the Name of or for the Benefit of Ramal Ventures at Israeli Discount Bank (Newark New Jersey Civil No. 00-cv-02667) Kesten Development Corp. v. MTB Banking Corporation (Newark New Jersey Civil No. 00-cv-04982) Kesten Development Corp., and Turist-Cambio Viagens e Turismo Ltda., Appellants.

United States Court of Appeals, Third Circuit.

Filed May 28, 2003.

Attorney(s) appearing for the Case

Paul J. Fishman [Argued], Friedman, Kaplan, Seiler & Adelman, Newark, NJ, Mishell B. Kneeland, Fleckman & McGlynn, Austin, TX, for Appellants.

Peter W. Gaeta [Argued], Office of the U.S. Attorney, Newark, NJ, Stefan D. Cassella [Argued], U.S. Department of Justice, Asset Forfeiture Section, Washington, DC, for Appellee.

Before BECKER, Chief Judge, RENDELL and AMBRO, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

The controversy before us focuses on over eight million dollars in forfeited funds. Fighting over these funds are, on the one hand, the corporations that claim them, Kesten Development Corporation and its Brazilian parent company, Turist-Cambio Viagens e Turismo Ltda. (collectively, "Kesten"), and on the other, the United States government, to whom they have been forfeited. Somewhere in between lies Kesten's bank...

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