U.S. v. ($61,900.00)

No. 10 Civ. 1866(BMC).

856 F.Supp.2d 484 (2012)

UNITED STATES of America, Plaintiff, v. SIXTY-ONE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($61,900.00) seized from account number XXXXXXXXXX held in the name Of PRP Restaurant, Inc., at TD Bank, N.A. located in Astoria, New York, and all proceeds traceable thereto, Five Hundred Eighty-Seven Thousand Five Hundred Thirty-Six Dollars and Forty-Five Cents ($587,536.45) seized From account number XXX-XXXXX held in the name of PRP Restaurant, Inc., at Merrill Lynch Pierce Fenner & Smith, located in New York, New York and all proceeds traceable thereto, and Two Hundred Thirty Thousand Four Hundred Dollars and no cents ($230,400.00) seized from account number XXX-XXXXX held in the name of Robert Potenza, at Merrill Lynch Pierce Fenner & Smith, located in New York, New York and all proceeds traceable thereto, Defendants.

United States District Court, E.D. New York.

April 5, 2012.


Attorney(s) appearing for the Case

Brian D. Morris , Karen R. Hennigan , United States Attorneys Office, Brooklyn, NY, for Plaintiff.

Sean F. O'Shea , Andrew J. Sockol , O'Shea Partners LLP, New York, NY, Murray Singer , Murray E. Singer, Esq. , Port Washington, NY, for Defendants.


MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

This civil forfeiture case was tried before me in a two-day bench trial. I found that the Government had failed to prove its theory that claimant, Robert Potenza, had intentionally structured cash deposits to avoid the reporting requirements of 31 U.S.C. § 5313(a). Familiarity with my Findings of Fact and Conclusions of Law, dated August 15, 2011, is presumed. I am now presented with claimant...

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