United States of America v. $22,361.83 US Funds Seized from Various Accounts et al

Filing 172

ORDER DISMISSING ACTION - granting 168 Claimant's Motion to Dismiss Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 UNITED STATES OF AMERICA,
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Plaintiff,

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vs.

No. 2:11-cv-00317-SAB

ORDER DISMISSING ACTION

12 $22,361.83 US Funds Seized from Various
13 Accounts et al.,
Defendant.

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Before the Court is Claimant Louis Daniel Smith’s Motion to Dismiss, ECF

17 No. 168. Mr. Smith asks that the civil forfeiture proceedings that were initiated on
18 August 8, 2011 be dismissed, and that the assets seized be returned to him.
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In its response, the United States has agreed to return the assets and also

20 indicated that it would file a Motion to Dismiss, although this has not been done.
21 ECF No. 170. It appears that the interests of justice will be met by the granting of
22 Mr. Smith’s motion.
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Additionally, Mr. Smith objects to the proposed conversion amount of the

24 Iraqui Dinar, which the United States indicates is $3,287.45. The United States
25 asserts this value in U.S. currency is the value based on the exchange rate at the
26 time of conversion shortly after the funds were seized and converted. There is
27 nothing in the record to suggest that this is not an accurate statement.
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ORDER DISMISSING ACTION ~ 1

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Accordingly, IT IS HEREBY ORDERED:

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1. Claimant’s Motion to Dismiss, ECF No. 168, is GRANTED.

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2. The United States shall provide the ACH form to Mr. Smith forthwith.

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3. Upon receipt of the completed ACH form, the United States shall direct

5 the United States Marshal’s Service to return the Defendant Property in the form
6 of U.S. funds via electronic funds transfer to Claimant Smith.
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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

8 forward copies to counsel, and close the file.
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DATED this 7th day of April, 2016.

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Stanley A. Bastian

United States District Judge

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ORDER DISMISSING ACTION ~ 2