United States v. Oriakhi
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.
The Government filed a judicial forfeiture proceeding against the defendant currency pursuant to 31 U.S.C. §§ 5316 and 5317. After a bench trial, the district court entered judgment in favor of the Government. We find no error and therefore affirm.
We reject Oriakhi’s claim that the Government’s five-year delay in commencing judicial forfeiture proceedings violated his right to due process because the Government offered a valid explanation for the delay, Oriakhi failed to request immediate judicial proceedings, and Oriakhi has not shown that he was prejudiced by the delay. See United States v. $8,850 in U.S. Currency, 461 U.S. 555, 564, 103 S.Ct. 2005, 76 L.Ed.2d 143 (1983). Oriakhi also claims that the district court did not issue a warrant for the seizure of the defendant currency “forthwith”; the defendant currency was not seized “forthwith”; and Oriakhi was not served with a copy of the complaint and warrant “forthwith,” in accordance with the Federal Rules of Civil
The district court’s judgment is hereby AFFIRMED.
Reference
- Full Case Name
- United States v. Daniel ORIAKHI, also known as Smith Agoda, Claimant-Appellant, U.S. Currency, In the Sum of Ninety-Seven Thousand Two Hundred Fifty-Three Dollars, More or Less, and All Proceeds Traceable Thereto
- Cited By
- 1 case
- Status
- Published