United States v. Approximately $16,500.00 in United States Currency

113 F. Supp. 3d 776, 2015 U.S. Dist. LEXIS 84459, 2015 WL 3972433
CourtDistrict Court, M.D. Pennsylvania
DecidedJune 30, 2015
DocketCivil Action No. 1:14-CV-129
StatusPublished
Cited by3 cases

This text of 113 F. Supp. 3d 776 (United States v. Approximately $16,500.00 in United States Currency) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Approximately $16,500.00 in United States Currency, 113 F. Supp. 3d 776, 2015 U.S. Dist. LEXIS 84459, 2015 WL 3972433 (M.D. Pa. 2015).

Opinion

MEMORANDUM

CHRISTOPHER C. CONNER, Chief Judge.

Presently before the court in the above-captioned matter is the motion (Docs. 14, 17) filed by Ernesto Ruiz, Eusebia Ruiz, and Ely Felix Ruiz (collectively, “the Ruizes”), Seeking the return of property and the award of attorneys fees, litigation expenses, and interest, pursuant to Federal Rule of Criminal Procedure 41(g) and 28 Ü.S.C. § 2465(b)(1). The Ruizes allege that the Drug Enforcement Administration (“DEA”) seized $20,000 in United States currency from their safe deposit box and that, following an order (Doc. 12) of court directing the return of the seized property, the government failed to relinquish $3500 of the total amount seized. For the reasons that follow, the court will deny the motion in its entirety;

I, Factual Background & Procedural History

The matter sub judice stems from the seizure by the DEA of a disputed amount of United States currency during the course of a criminal drug trafficking-investigation.1 On August 19, 2013, the Honorable Henry S. Perkin, United States Magistrate Judge for the Eastern District of Pennsylvania, authorized a search warrant for the Ruizes’ safe deposit box at PNC Bank in Lancaster, Pennsylvania. (Doc. 16-1, Ex. 1 ¶ 1 (DEA Report of Investigation); see Doc. 18-2 (Search Warrant)). Two DEA agents, Special Agent Mark O’Donnell (“Special Agent O’Donnell”) and Task Force Officer Michael Neff (“Task Force Officer Neff’), arrived át PNC Bank on August 20, 2013 to execute the warrant. (Doc. 16-1, Ex. 1 ¶ 1 (DEA Report of Investigation)). PNC Bank contacted Ely Felix Ruiz (“Mr. Ruiz”) and requested that he deliver the key to the Ruizes’ safe deposit box to. facilitate the execution of the warrant. (Id.) Mr. Ruiz complied, arriving within approximately one hour. (Id. ¶2). After reviewing the warrant, Mr. Ruiz stated that the safe deposit box held “less than $20,000” and presented the key to the DEA agents. (Id.) The agents then opened the safe deposit box, in the presence of Mr. Ruiz and the PNC Bank branch manager. (Id. ¶ 3).

Therein, the DEA agents found an undetermined quantity of United States currency and a collection of miscellaneous documents. (Id.) The agents transferred the currency from the' safe deposit box into a self-sealing evidence bag, labeled serial number ES000374724. (Id.) Mr. Ruiz signed the sealed evidence bag and re[779]*779ceived a DEA-12 form, which stated that an “undetermined amount of U.S. currency” had been seized from the safe deposit box. (Id. ¶ 4; see Doc. 18-3 (Form DEA-12: Receipt for Cash or Other-■ Items)).

According to the DEA Report of Investigation prepared by Special Agent O’Donnell, Special Agent O’Donnell and' Task Force Officer Neff transported the sealed evidence bag containing the seized currency to the DEA Harrisburg Regional Office. (Doc. 16-1, Ex! 1 ¶5 (DÉA Report of Investigation)). The' agents placed’ the sealed bag “in an empty cabinet with a closed door located in an unused room” of the Regional Office. (Id.) Two days later, on August 22, 2013, Special Agent O’Donnell and Task1 Force Officer Neff transported the evidence bag from the Harrisburg Regional Office to the Counterdrug Joint Task Force Unit in Annville, Pennsylvania for the purpose of conducting an ion scan on its contents. (Id. ¶ 7). Special Agent O’Donnell opened the evidence bag, labeled ES000374724, in the presence of Task Force Officer Neff and Sergeant Scott Thornsberry (“Sergeant Thornsber-ry”) and removed the currency located therein. (Id.) Sergeant Thornsberry conducted an ion scan and reported that the currency tested negative for the presence of narcotics. (Id.) Special Agent O’Donnell, witnessed by Task Force Officer Neff and Sergeañt Thornsbérry, returned thé currency to evidence bag ES000374724 and re-sealed the bag. (Id.)

From there, Special Agent O’Donnell and Task Force Officer Neff transported the evidence bag to Dunbar Cash Vault Services (“Dunbar”), located in York, Pennsylvania, so that the seized currency could be counted and deposited. (Id. ¶ 8). At Dunbar, the' teller removed the currency from , the sealed evidence bag in the presence of Special Agent O’Donnell and Task Force Officer Neff. (Id.) The count performed by the Dunbar teller revealed $16,500 in one hundred dollar bills. (Id.; see Doc. 16-1, Ex. 2 (Receipt from Dunbar Cash Vault Services)). Special Agent O’Donnell then deposited $16,500 with the U.S. Marshals Service. (Doc. 16-1, Ex. 1 ¶8 (DEA Report of Investigation); see Doc. 16-1, Ex.- 3. (U.S. Marshals Service Deposit Receipt)).

In September 2013, the DEA initiated an administrative forfeiture [proceeding against the currency. (Doc. 17 ¶ 17; Doc. 18-4). The DEA served written notice of the seizure and the administrative forfeiture proceeding on Mr. Ruiz on September 28, 2013. (Doc. 17 ¶ 17; Doc. 18-4). The DEA terminated that proceeding upon receipt of the Ruizes’ timely filed claims, which contested the forfeiture and asserted that $20,000, in United States currency had been seized from their safe deposit box. (Doc. 17 ¶ 19; Doc. 18-5; Doc. 18-6).

On January 24, 2014, the government commenced the instant civil forfeiture action by filing a verified complaint of forfeiture in rem, a declaration, a warrant for arrest in rem, and legal notice. (Docs. -1-4). -The government sent copies of said documents by certified mail to the Ruizes and their counsel. (Doc. 6). On March. 11, 2014, the Ruizes timely filed verified statements of interest in the seized currency. (Docs. 7-10). Therein, the Ruizes asserted that the DEA agents seized $20,000, not $16,500, in United States currency from their safe deposit box. (Docs. 7-10). On March 28, 2014, the government moved to dismiss its complaint pursuant to Federal Rule of Civil Procedure 41(a)(2), stating that “upon review of the [Ruizes’] claims, the United States has determined that the defendant currency is the property of the claimants and is not subject to forfeiture.” (Doc. 11); Fed. R. Civ. P. 41(a)(2). The court granted the motion on March 31, 2014, dismissing the action without preju[780]*780dice and ordering the return of the seized property to the Ruizes. (Doc. 12).

The Ruizes filed the instant motion (Doc. 14) on October 26, 2014, seeking the return of $3500, pursuant to Federal Rule of Criminal Procedure 41(g), and the award of fees, expenses, and interest, pursuant to 28 U.S.C. § 2465(b)(1). On November 24, 2011, the government submitted a brief (Doc. 16) in opposition. To correct a procedural error, the Ruizes filed an amended motion (Doc. 17) and a brief (Doc. 18) in support on November 29, 2014.2 The motion is fully briefed and ripe for disposition.

II. Legal Standard

A. Return of Property

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113 F. Supp. 3d 776, 2015 U.S. Dist. LEXIS 84459, 2015 WL 3972433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-approximately-1650000-in-united-states-currency-pamd-2015.