United States of America v. Currency $59,980.00
Filing
14
OPINION and ORDER Denying Claimant Quality Collision Parts Inc.'s Motion to Dismiss Without Prejudice 8 . Signed by District Judge Laurie J. Michelson. (EPar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
Case No. 23-13217
Honorable Laurie J. Michelson
v.
$59,980.00 U.S. CURRENCY,
Defendant in rem.
OPINION AND ORDER DENYING CLAIMANT QUALITY COLLISION PARTS
INC.’S MOTION TO DISMISS WITHOUT PREJUDICE [8]
In July 2022, Homeland Security Agents executed a search warrant at
Quality Collision Auto Parts in Warren, Michigan. (ECF No. 1, PageID.2.) The
government had been investigating Quality Collision for three years for the
suspected importation of counterfeit auto parts bearing the Ford, Chrysler, and
General Motors trademarks. (Id. at PageID.4.) When agents searched the auto parts
store, they found and seized over two million dollars’ worth of alleged counterfeit
parts and a plastic bank deposit bag with $59,980 in cash—the defendant in rem.
(Id. at PageID.5.)
In December 2023, the government filed this civil forfeiture action, seeking to
forfeit the $59,980 under 18 U.S.C. § 2323 because the government alleged it was
“involved in” the intentional trafficking of counterfeit goods, “a knowing
violation . . . of 18 U.S.C. § 2320.” (Id.) Quality Collision contests the forfeiture. It
says the cash was proceeds of lawful business operations and is not traceable to
proceeds of illegal activity. (ECF No. 6, PageID.24.) And it contends that the
government’s
complaint
fails
to
meet
the
pleading
requirements
under
supplemental rule G. (ECF No. 8, PageID.36.) So it filed a motion to dismiss. (ECF
No. 8.)
The Court held a hearing on this motion on October 21, 2024. For the reasons
stated more fully on the record during the hearing, the Court grants the
government leave to amend the complaint and DENIES WITHOUT PREJUDICE to
refiling Quality Collision’s motion to dismiss.
IT IS FURTHER ORDERED that the government shall defer the refiling of
the amended complaint for 60 days from the entry of this order while the parties
explore possible avenues of resolution.
SO ORDERED.
Dated: October 22, 2024
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
2
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