U.S. v. $6,190.00 IN U.S. CURRENCY

No. 08-35221.

581 F.3d 881 (2009)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. $6,190.00 IN U.S. CURRENCY; $67,690.80 in U.S. Currency; $18,336.59 in U.S. Currency; $26,478 in U.S. Currency; $20,000 in U.S. Currency; $6,255 in U.S. Currency, Defendants, and Maxim Lam, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2009.


Attorney(s) appearing for the Case

Amy Potter, Leslie Jauanna Westphal, Robert David Nesler, Office of the United States Attorney, Portland, OR, for the appellee.

Stephen R. Sady, Office of the Federal Public Defender, Portland, OR, for the appellant.

Before: W. FLETCHER, CARLOS T. BEA and SANDRA S. IKUTA, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge:

Maxim Lam is a fugitive from an Oregon state criminal proceeding. Before the state proceeding began, the federal government filed a civil forfeiture complaint under 28 U.S.C. § 1355 against assets allegedly traceable to the criminal activity charged in the state court proceeding. After it became apparent that Lam had become a fugitive, the federal district court, acting under 28 U.S.C. § 2466, struck Lam's claim to his...

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