United States v. $135,290 U.S. Currency
United States v. $135,290 U.S. Currency
Opinion of the Court
ORDER
This forfeiture case continues to wend its way through the federal judicial system. If claimant Mario Reyes were to have his way, though, he would put a stop to this case, at least in the federal system. He claims that this court lacks jurisdiction over the disputed $135,290 in United States currency. It is his contention that Illinois state court has exclusive jurisdiction over the disposition of the money since local officials were the ones who originally seized the currency. Claimant’s motion was sent to a magistrate judge for report and recommendation. The magistrate judge adopted claimant’s view and dismissed for lack of jurisdiction. For the reasons stated below, the court declines to adopt the magistrate judge’s recommendation.
The magistrate judge, in making his recommendation, relied on the Seventh Circuit’s decision in United States v. One 1979 Chevrolet C-20 Van, 924 F.2d 120 (7th Cir.), reh’g denied, 924 F.2d 120 (1991). There, the Seventh Circuit determined that a district court lacked jurisdiction over a van which had been seized by local officers in connection with an arrest, and subsequently transferred to the possession of the FBI. In making its determination, the Seventh Circuit was primarily concerned with the fact that a state forfeiture action was pending at the time the federal forfeiture proceeding was filed. Because of the pending state action, the Seventh Circuit concluded that “the state court had jurisdiction over the van to the exclusion of the federal court.” Id. at 123. The Seventh Circuit further found that the state court retained jurisdiction even though the state forfeiture action was later dismissed. Id.
Here, too, the $135,290 in U.S. currency was seized by local police officers during
IT IS SO ORDERED.
Reference
- Full Case Name
- United States v. $135,290 U.S. CURRENCY Mario Reyes
- Cited By
- 2 cases
- Status
- Published