Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Yohanes Haile Beyene, An Individual, and Tsege Ayele v. United States of America

November 15, 2011

YOHANES HAILE BEYENE, AN INDIVIDUAL, AND TSEGE AYELE, AN INDIVIDUAL, PLAINTIFFS,
v.
UNITED STATES OF AMERICA, AND ERIC HOLDER, IN HIS OFFICIAL CAPACITY AS UNITED STATES ATTORNEY GENERAL, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Manuel L. Real United States District Judge

FINDINGS OF FACTS AND CONCLUSIONS OF LAW

Pursuant to Rule 56 of the Federal Rules of Civil Procedure and Rule 56-1 of the Local Rules of the Central District of California, the Court issues its Findings of Facts and Conclusions of Law relating to the granting of the defendants' motion for summary judgment.

I.

FINDINGS OF FACT

1. On May 6, 2010, Immigration and Customs Enforcement ("ICE") agents took custody of $1,340,439.55 that had been seized by the California Highway Patrol ("CHP") from plaintiff Yohanes Haile Beyene, on the ground that it was subject to federal forfeiture pursuant to 31 U.S.C. § 5317 for violation of 31 U.S.C. § 5316 (the "Beyene funds"). U.S. Customs and Border Protection ("CBP") assigned case No. 2010-2704-000886/wb to the Beyene funds. CBP sent a timely notice to Beyene on July 2,2010 advising of the commencement of federal administrative forfeiture proceedings against the Beyene funds.

2. On or about July 22, 2010, Beyene filed a timely administrative claim to the Beyene funds, and the matter was thereafter referred by CBP to the USAO for consideration of judicial forfeiture proceedings. The government's deadline to file a complaint against the Beyene funds -- based on the filing of the administrative claim -- was October 20, 2010.

3. On May 17, 2010, the United States Secret Service ("USSS") took custody of the following-listed assets that had been seized by CHP from plaintiff Tsege Ayele:

a) $73,000 in U.S. currency;

b) a total of $190,671.86 in funds from various Bank of America accounts;

c) a total of $16,158.60 in funds from various Wells Fargo Bank accounts;

d) a total of $130,235.56 in funds from various J.P. Morgan Chase bank accounts; and

e) one 2009 BMW X5, VIN 5UXFE43529L273302 (collectively, the "Ayele property").

4. The USSS took custody of the Ayele property for purposes of instituting federal administrative forfeiture proceedings against the property. The USSS sent a timely notice of the commencement of administrative forfeiture proceedings to Ayele on July 15, 2010. The Ayele property was assigned USSS Case No. 403-777-172512-S and Seizure Nos. 403-2010-02010211022/023.

5. On or about July 29, 2010, Ayele filed timely administrative claims with the USSS for the Ayele property. On or about August 9, 2010, the USSS advised Ayele that the matter was being referred to the USAO for consideration of judicial forfeiture proceedings. The government's deadline to file a complaint against the Ayele ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.