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SYNAGOGUE v. U.S.

No. 04-56894.

482 F.3d 1058 (2007)

Ohel Rachel SYNAGOGUE; Eric Johansing; Isadore Breaux, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2007.

Attorney(s) appearing for the Case

Eric Honig, Law Office of Eric Honig, Marina del Rey, CA, for the plaintiffs-appellants.

John E. Lee, Assistant United States Attorney, Los Angeles, CA, for the defendant-appellee.

Before RICHARD D. CUDAHY, B. FLETCHER, and GRABER, Circuit Judges.

GRABER, Circuit Judge.

The question before us is whether 28 U.S.C. § 2465(b)(1)(C) requires the government to disgorge interest earned on seized currency when the government returns the currency rather than initiating judicial forfeiture proceedings. We answer that question "no" and, accordingly, affirm the judgment of the district court.

FACTUAL AND PROCEDURAL HISTORY

The United States Drug Enforcement Administration ("DEA") seized currency...

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