United States v. $30,000.00 in United States Currency

30 F. App'x 473
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 22, 2002
DocketNo. 00-5410, 00-5427
StatusPublished
Cited by4 cases

This text of 30 F. App'x 473 (United States v. $30,000.00 in United States Currency) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $30,000.00 in United States Currency, 30 F. App'x 473 (6th Cir. 2002).

Opinion

PER CURIAM.

Atef Yousef Jaber (“Jaber”) and Wiam A. Younes (“Younes”) (collectively “Claimants”) appeal civil forfeitures pursuant to 21 U.S.C. § 881(a)(6). Defendants are $30,000, belonging to Jaber, and $4,460, belonging to Younes. Claimants challenge the order denying their motion to suppress evidence, and the grant of summary judgment in favor of the Government. They also assert that delay in bringing the forfeiture proceedings was a denial of due [475]*475process. Claimants seek dismissal of the forfeiture actions and return of their currency, with interest, and their bonds. We REVERSE.

I. Background

This case could be briefly summed up as an airport stop of two men who had a lot of cash and not the best explanation for carrying it. However, we set forth the facts in order to properly consider each of the men’s claims separately.

Pre-Contact Stage: On January 20, 1998, DEA Task Force Officer Carl Parker (TFO Parker) received information about two men flying to Columbus, Ohio, from Los Angeles, California. They were traveling on round-trip tickets purchased with cash less than twenty-four hours prior to departure and with a return flight in eleven hours. Delta Airline (“Delta”) records show they had not checked luggage and traveled under the names of “Sam Jaber” and “William Younes.” TFO Parker and two other officers assigned to the Cineinnati/Northern Kentucky International Airport obtained a list of passengers with connecting flights in Cincinnati. When the flight arrived, officers observed two men deplane and ask for the Columbus flight’s gate.

Interview Stage: The officers approached the men, who had gone to a coffee shop in the airport, identified themselves as DEA Narcotics Officers, and showed their identification. When TFO Parker asked to see their tickets and asked whether they had checked bags, Jaber removed two tickets from his coat pocket and both men said they had not checked bags. The tickets were in the names of “Sam Jaber” and “William Younes.” When Parker asked if “Sam Jaber” was his real name, Jaber said “no,” and explained that his brother gave him the ticket at the last minute because he had to go to a funeral. Parker then asked to see identification. Jaber produced a California driver’s license in his own name, and Parker handed the license to his partner to run a criminal check. Parker asked Jaber if his trip was for business or pleasure, and Jaber said it was a business trip. When Parker asked if Jaber had drugs or drug proceeds, Jaber said he had no drugs. When Parker asked Jaber if he had any money, Jaber said he had $80,000 in cash and that it was his brother’s money. When Parker told him that it was strange to carry that much cash, Jaber said his brother gave him the money to look for business opportunities in the Columbus area. When Parker asked if he knew anyone in Columbus, Jaber said he did not, but his uncle, who owned a bar in Cleveland, told him there were a lot of business opportunities in Columbus. When Parker asked Younes if he was carrying a large amount of money, Younes said he had $4,600 in cash.

When TFO Parker asked if the men would mind stepping into a Delta group room so he could count their cash, they assented. After Parker and the other officers walked with Claimants to the Delta room, Parker asked them if he could see their money. Jaber removed several packets of money from his business suit jacket, and one packet from his socks. Jaber’s money was in bank wrappers. Younes removed the cash from his front pants’ pocket and said it was his own money. Younes’ money appeared to be new currency. When Parker asked about their work, Jaber said he was a self-employed linen salesman, and Younes said he worked at a casino and made $90,000 last year.

After the other TFO ran a Narcotics and Dangerous Drug Indexing System (NADDIS) criminal history check, he told [476]*476TFO Parker that Younes1 was positive for methamphetamine and weapons, and that he had a drug arrest in California. Parker then asked Claimants whether they had ever been arrested, both said no. Parker then told Claimants he believed he had probable cause to seize their money because he thought it was drug proceeds.

Post-seizure events: After Parker told Claimants he was seizing their money, Parker asked if he could search them. Both assented. Parker found some money in Jaber’s wallet, but it appeared to be less than $100, and Jaber said it was his own. Parker also found money in Younes’ wallet, but it was not very much. Parker then gave the wallets, with the money found therein, back to the men.

Parker then told Claimants he was going to the airport police station to have the money counted, that they could come and watch, and that they would be given receipts. Claimants said they did not want to and said to just mail them a receipt. After Claimants were escorted out of the Delta room, both men thanked Parker, which Parker thought was strange because he had just detained their money.

Subsequent investigation: Investigation revealed the following, as paraphrased from the DEA Report of Investigation:

(1) When the currency was counted by a bank teller, two counterfeit $100 bills were found in Younes’ exhibit, so this matter was referred to the Secret Service. Younes’ currency thus totaled $4,460 without consideration of the counterfeit bills. Jaber’s currency totaled $30,000.

(2) Los Angeles authorities verified Jaber’s self-employment and indicated there was no drug-related intelligence on him. They verified that, although Younes had been arrested for attempting to sell counterfeit methamphetamine to an undercover agent, there had been no adjudication of his case. According to Parker’s affidavit, the charge was dropped because Younes agreed to cooperate with authorities.

(3) An analyst at the El Paso Intelligence Center (EPIC) indicated Jaber was identified in NADDIS under the name of “Abu-Jaber” in a report regarding seizure of $34,460, dated February 11, 1998, and that Jaber had listed the same address as a subject who had been interdicted at the Dallas-Fort Worth International Airport in May 1997, when $116,000 was seized. The address was not stated. The analyst also indicated “Jaber” submitted a false Social Security number and false date of birth of March 3, 1960. It is unclear whether the information about “Jaber” pertains to Claimant Jaber, or the Dallas subject.2

(4) Authorities in Columbus did not have intelligence information on the Claimants. However, Columbus authorities indicated the city had recently become a source of supply for pseudoephedrine, a chemical precursor for methamphetamine, and a number of subjects of middle-eastern descent had been traveling to Columbus to obtain pseudoephedrine to make methamphetamine.

(5) Younes’ employer, the Bicycle Club Casino, verified he was employed from January 23, 1993, through December 28, [477]*4771997, as a poker dealer earning minimum wage. Although Younes’ income was not disclosed, the human resources manager indicated Younes was not capable of earning $90,000.

(6) A technician at the National White Collar Crime Center (NWCCC) indicated there was no record for Jaber, and no records existed for the social security number provided by Younes. A search by the surname “Younes” revealed one address, 1475 S. Bedford Street.

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Bluebook (online)
30 F. App'x 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-3000000-in-united-states-currency-ca6-2002.