United States of America v. $72,050.00 In United States Currency et al
Filing
44
MEMORANDUM OPINION & ORDER: that Vernon Smith is entitled to the return of the currency including an award of post-judgment interst as well as any interest actually paid to the USA. Signed by Judge Joseph M. Hood on 4/3/13.(KJR)cc: COR
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION AT LEXINGTON
UNITED STATES OF AMERICA,
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Plaintiff,
v.
$72,050.00 IN UNITED STATES
CURRENCY, ONE FIRST SOUTHERN
NATIONAL BANK CASHIERS CHECK
#062629 IN THE AMOUNT
OF $60,649.64, AND ONE
WHITAKER BANK CASHIERS
CHECK #022175 IN THE AMOUNT
OF $100,000.00,
Defendants.
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Civil Action No.
5:08-cv-57-JMH
MEMORANDUM OPINION
AND ORDER
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This matter is before the Court upon its own motion with
respect to one final matter—what should happen to the defendant
$72,050.00 in United States currency?
Having concluded that the
government cannot demonstrate by a preponderance of the evidence
that the defendant currency is forfeitable, the Court concludes
that the defendant currency should be awarded to Claimant Vernon
Smith.
While the Court did not reach the issue of the ownership of
the currency in concluding that it was not subject to forfeiture,
it was briefed by the parties, and the Court must now determine
where ownership lies in order to direct the disposal of the
currency at the conclusion of this matter.
The evidence is
undisputed that the $72,050.00 was found in a safe in the basement
of Claimant Vernon Smith’s house and that he had access to that
safe. Further, the evidence available to the Court includes Vernon
Smith’s testimony that he placed cash that he earned or received
over the years in the safe, whether that cash was received from his
son, Michael D. Smith, as a gift or as a repayment for money loaned
by Vernon D. Smith or whether that cash was received from other
sources.
Finally, the government aside, Vernon Smith alone has
laid claim to the currency.
As there is no genuine dispute as to any material fact, the
Court may and does conclude as a matter of law that Vernon Smith is
entitled to the return of the currency in keeping with 28 U.S.C. §
2465, including an award of post-judgment interest as well as any
interest actually paid to the United States or an imputed amount of
interest as provided for in subsection (b)(1)(c). See Fed. R. Civ.
P. 56(a).
IT IS SO ORDERED.
This the 3rd day of April, 2013.
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