United States v. $549,860.00 in United States Currency

CourtDistrict Court, S.D. Illinois
DecidedJuly 10, 2025
Docket3:22-cv-02711
StatusUnknown

This text of United States v. $549,860.00 in United States Currency (United States v. $549,860.00 in United States Currency) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $549,860.00 in United States Currency, (S.D. Ill. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 3:22-CV-02711-NJR

$549,860.00 IN UNITED STATES CURRENCY,

Defendant.

MEMORANDUM AND ORDER

ROSENSTENGEL, Chief Judge: Claimant Hardip Zhim sent Michael Kendall on a cross-country journey starting in Arizona to deliver $549,860.00 cash to his friend Hemel Patel in Maryland. (Doc. 48-2, pp. 30-31, 33). Zhim planned to use the money to start a convenience store or gas station with Hemel, who had successfully flipped a gas station before. (Id. at p. 31). To start this venture, he borrowed $360,000 from another friend, Pradip Patel, and $105,000 from his father, Jarnail Singh. (Id. at pp. 16-20, 24-29, 32). The remaining funds came from Zhim’s own savings. (Id. at p. 32). Zhim entrusted Kendall to transport this large amount of cash because they worked together at an investment company—Zhim as an IT manager remotely handling “big picture items” and Kendall as an employee helping with the “day-to-day” operations. (Docs. 48-1, p. 1; 50-1, p. 6). When Zhim wanted to deliver the cash, he had to attend his father’s immigration hearing in California. (Doc. 50-1, pp. 5-6). Conveniently, Kendall was already scheduled to drive to a Maryland satellite office for work, so Zhim figured Kendall could transport his cash and drop it off with Hemel. (Doc. 50-1, pp. 6-8). Kendall personally rented a silver 2021 Toyota Rav4 in Arizona to start the journey to Maryland. (Docs. 1-1, p. 1; 48-3, p. 6; 50-1, pp. 7, 16).1 The day Kendall embarked on the long drive, he stopped at Zhim’s apartment. (Doc. 50-1, p. 8). Zhim handed Kendall a box containing grocery bags filled with cash and said, “please take [this] to Maryland.” (Id. at pp. 7-8). But the money never made it to Maryland. Days into the drive, on May 26, 2022, Kendall

was pulled over by Drug Enforcement Administration Task Force Officer Kyle Waddington while driving eastbound on Interstate 70 in Madison County, Illinois. (Doc. 1-1, p. 1). Waddington claims that the vehicle veered over the fog line with its rear right tire and followed behind a tractor trailer too closely at two or three car lengths away. (Docs. 1-1, p. 1; 48-3, pp. 2-3). He communicated these two reasons to Kendall and informed Kendall that he would simply receive a warning—not a ticket. (Docs. 1-1, p. 1; 48-3, p. 3). Waddington asked for Kendall’s driver’s license and the rental agreement and inquired about the two energy drinks in the car. (Id.). Next, Waddington requested that Kendall step out of the car and migrate to his patrol vehicle to receive the warning for the traffic violations. (Docs. 1-1, pp. 1-2; 48-3, p. 3). As the pair walked towards the patrol car, Waddington spotted a large duffel bag in the back trunk area. (Doc. 1-1, p. 2).

While supposedly effecting the warning, Waddington asked about Kendall’s destination and purpose for travel. (Doc. 48-3, p. 4). Kendall explained that he was traveling to Maryland for work. (Id.). Waddington expressed surprise that Kendall’s company asked him to make such a long drive, as opposed to flying, and that Kendall personally rented a vehicle rather than his company renting it for him. (Id. at pp. 5-6). They continued with a mixture of small talk and further questions about Kendall’s trip as Waddington ran Kendall’s information through a law enforcement database. (Id. at pp. 4-7; Docs. 1-1, p. 2; 48-2, p. 11). Waddington flagged some

1 Zhim was not involved in renting the car and was not listed on the rental agreement. (Doc. 50-1, pp. 7, 16). previous arrests for drug history stemming back to the 1990s. (Docs. 1-1, p. 2; 48-2, p. 11; 48-3, p. 7). Despite this dated criminal history, Waddington questioned Kendall about whether there were any drugs, guns, or large sums of U.S. currency in his rental vehicle. (Doc. 48-3, pp. 7-8). Kendall denied the presence of any such items. (Id.). Confused, he asked Waddington to explain

the reason for the traffic stop again. (Id. at p. 8). Waddington briefly recounted the traffic violations, then sought permission to search the vehicle and all its contents. (Id.). Kendall explicitly refused. (Id.). But Waddington persisted. Waddington repeatedly assured Kendall that he had no interest in small amounts of drugs for personal use, as long as Kendall was honest. (Id. at pp. 8-10). Again, Kendall urged that he did not understand. (Id. at p. 9). Then, Waddington launched into an explanation as to his “reasonable suspicion for [Kendall’s] travel”—his work travel required a long drive across the country instead of a flight, and his rental car was due the following day in Maryland. (Id.). Waddington also reiterated Kendall’s old drug conviction. (Id.). Kendall maintained his denial regarding drugs in the car. (Id.). Next, Waddington asked whether everything in the vehicle belonged to Kendall, to

which Kendall replied, “Yep.” (Id.). Waddington pounced again seeking consent to search the vehicle and its contents for the second time. (Id. at pp. 9-10). The back and forth between the two continued. At one point, Waddington commented on Kendall’s physical demeanor and asked about his medical conditions. (Id. at p. 10). According to Waddington, Kendall became nervous, started bouncing his legs up and down, and clutched his energy drink tightly with both hands. (Doc. 1-1, pp. 3-4). Waddington also observed labored breathing and a defeated stare. (Id. at p. 4). As to the heavy breathing, Kendall stated he suffers from high blood pressure and frequently smokes. (Doc. 48-3, p. 10). Waddington pressed again regarding drug-related contraband in the car. (Id.). And, for a third time, Waddington asked Kendall for permission to search. (Id.). Kendall declined. (Id.). In response, Waddington told Kendall that he was being detained on generalized suspicion of being involved in criminal activity, issued Miranda warnings, and called a K9 unit. (Id. at pp. 10-13). Waddington thought Kendall said something and asked if Kendall was consenting to a search, to which Kendall answered, “No.” (Id. at p. 11).

Unsuccessful yet undeterred, Waddington tried a few other tactics to gain Kendall’s consent. While waiting for the K9 unit, Waddington told Kendall that he could “speed the process up” if he simply gave permission to search the car. (Id. at pp. 12-13). Then, Waddington attempted to capitalize on Kendall’s request for a cigarette. (Id. at p. 13). He told Kendall he could not smoke while detained, but proposed that, if Kendall consented to a search, Waddington could grab a cigarette from the car. (Id. at pp. 13-14). Waddington probed into Kendall’s rationale for refusing a search. (Id. at p. 14). In particular, Waddington mentioned the big bag in the back. (Id.). Small talk ensued until the K9 unit arrived. (Id. at pp. 14-20). Once on the scene, the canine alerted to the passenger-side door, the driver-side door, and the back compartment. (Id. at p. 21). Receiving confirmation of the positive alert, Waddington again asked Kendall if everything in the

vehicle belonged to him. (Id. at p. 22). Kendall replied, “Yeah.” (Id.). Other task force officers arrived on the scene. (Doc. 1-1, p. 6). Waddington opened the rear hatch, unzipped the large duffel bag, and discovered several items. (Id.; Doc. 48-3, pp. 22-27). Inside the duffel bag, Waddington found miscellaneous clothing, a few small work tools, an open brown box with two large grocery bags, and additional grocery bags with plastic bags inside. (Doc. 1-1, p. 6). He opened the grocery bags in the box and discovered cash in bank band increments of $2,000, $5,000, and $10,000. (Id.). Then, he opened the other grocery bags finding plastic bags with “Vance LLC” and cash amounts written on them—one for $24,000 and one for $36,000. (Id.). Upon finding the cash, Waddington handcuffed Kendall. (Id.; Doc. 48-3, p. 22).

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