United States v. Three Sums Totaling $1,207,035.31 in Seized United States Currency

CourtDistrict Court, District of Columbia
DecidedJune 3, 2021
DocketCivil Action No. 2016-0064
StatusPublished

This text of United States v. Three Sums Totaling $1,207,035.31 in Seized United States Currency (United States v. Three Sums Totaling $1,207,035.31 in Seized United States Currency) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Three Sums Totaling $1,207,035.31 in Seized United States Currency, (D.D.C. 2021).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

) UNITED STATES OF AMERICA, ) ) Plaintiff, ) v. ) ) Civil Action No. 16-64 (RBW) THREE SUMS TOTALING ) $1,207,035.31 IN SEIZED UNITED ) STATES CURRENCY, ) ) Defendants in rem. ) )

MEMORANDUM OPINION

The plaintiff, the United States of America (the “government”), brings this civil forfeiture

action “against United States currency traceable to violations of the International Emergency

Economic Powers Act of 1977 [(the ‘Act’)], 50 U.S.C. §§ 1701–1706, and involved in violations

of the Money Laundering Control Act of 1986, 18 U.S.C. §§ 1956(a)[(2)(A) and 1956(h)],”

alleging that “[t]hese funds are subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A), (C),

and 984.” Verified Complaint for Forfeiture in Rem (“Compl.” or the “Complaint”) ¶ 1, ECF

No. 1. Currently pending before the Court is the Plaintiff’s Motion for Entry of [a] Default

Judgment and Order of Forfeiture (the “government’s motion” or “Gov’t’s Mot.”), ECF No. 21.

Upon careful consideration of the government’s submissions, 1 the Court concludes for the

following reasons that it must grant the government’s motion and order the forfeiture of the

defendant funds to the government.

1 In addition to the filings already identified, the Court considered the following submission in rendering its decision: Memorandum of Law in Support of Plaintiff’s Motion for Entry of [a] Default Judgment and Order of Forfeiture (“Gov’t’s Mem.”), ECF No. 21-2. I. BACKGROUND

The following funds constitute the defendants in rem:

a. $629,311.19, plus interest, formerly on deposit in account number 122559 at Deutsche Bank, seized on or about November 27, 2015 [ ];

b. $116,939.12, plus interest, formerly on deposit in account numbers 048- 468-401, 048-549-525, and 610-551-094 located at HSBC Bank USA, N.A., seized on or about November 25, 2015 [ ]; and,

c. $460,785.00 in United States currency, plus interest, formerly on deposit within account number 8539237860 located at Wells Fargo, N.A. (“Wells Fargo”), seized on or about June 17, 2015 [ ].

Id. ¶ 4.

On May 27, 2009, the United States Department of the Treasury’s Office of Foreign

Assets Control (the “OFAC”) “designated Kassim Tajideen [(‘Tajideen’)] as a[ Specially

Designated Global Terrorist (‘SDGT’)] pursuant to [the Act] and Executive Order 13224[ 2]

based on his significant financial support of the Hizbollah terrorist organization.” 3 Id. ¶ 13. On

December 9, 2010, the OFAC “designated, among others, . . . four companies as SDGTs . . .

pursuant to [the Act] and Executive Order 13224 . . . after being identified as being owned or

controlled by . . . Tajideen [or his brother].” Id. ¶ 14. “At all times since their designation date

until [the date of the filing of the Complaint], all of these entities have remained SDGTs.” Id.

A. The Criminal Case Against Kassim Tajideen

The criminal activity of Tajideen, his designation as an SDGT, and the forfeitures of

Tajideen’s assets are not new to this Court. On March 7, 2017, a grand jury issued an Indictment

2 Executive Order No. 13,224, 66 Fed.Reg. 49,079, “describe[s] the types of conduct that could subject an entity to blocking of its assets, such as providing financial support to terrorists . . . and authorized the designat[ion of] additional entities . . . determine[d to be] within the purview of the Order.” Islamic Am. Relief Agency v. Gonzales, 477 F.3d 728, 734–35 (D.C. Cir. 2007). 3 On December 9, 2010, the OFAC “designated [ ] Tajideen’s brother, Husayn Tajideen[,] as an SDGT for the same reasons[, and a]t all times since their respective designation dates until today, both individuals have remained SDGTs.” Compl. ¶ 13.

2 charging Tajideen and a codefendant with one count of conspiracy to violate the Act and the

Global Terrorism Sanctions Regulations, 31 C.F.R. pt. 594, as well as multiple counts of

unlawful transactions with an SGDT and one count of conspiracy to commit money laundering.

See generally Indictment, United States v. Tajideen, Crim. Action No. 17-46 (D.D.C. Mar. 7,

2017) (the “Indictment”), ECF No. 1. “[O]n March 25, 2017, agents of [United States] Drug

Enforcement Agency transported [Tajideen] to the United States,” in order to execute Tajideen’s

extradition. Defendant Kassim Tajideen’s Motion to Dismiss No. 7 As to Superseding

Indictment at 5, United States v. Tajideen, Crim. Action No. 17-46 (D.D.C. Mar. 16, 2018), ECF

No. 116. On February 15, 2018, the grand jury issued a Superseding Indictment which instead

charged Tajideen with one count of conspiracy to conduct unlawful transactions and cause

United States persons to conduct unlawful transactions with an SGDT and to defraud the United

States by dishonest means, as well as involvement in the unlawful transactions and money

laundering counts. See generally Superseding Indictment, United States v. Tajideen, Crim.

Action No. 17-46 (D.D.C. Feb. 15, 2018) (the “Superseding Indictment”), ECF No. 89. Both the

original Indictment and the Superseding Indictment included forfeiture counts. See Indictment at

26; Superseding Indictment at 25. As this Court previously explained:

In short, the defendant is charged with allegedly “continu[ing] to conduct business with [United States] entities through a large network of businesses with ever- changing names run by a relatively small group of personnel, effectively hiding his own involvement in the transactions,” despite his designation as an SDGT by the [OFAC].

United States v. Tajideen, No. CR 17-46, 2018 WL 1342475, at *1 (D.D.C. Mar. 15, 2018) (first

and second alterations in original, aff'd, 724 F. App'x 6 (D.C. Cir. 2018).

Tajideen pleaded guilty to conspiracy to commit money laundering and was sentenced to

sixty months of imprisonment, with all other counts being “dismissed on the motion of the

3 United States.” 4 Judgment at 1–2, United States v. Tajideen, Crim. Action No. 17-46 (D.D.C.

Aug. 12, 2019) (the “Judgment”), ECF No. 251. Tajideen was also required to forfeit his interest

in “a money judgment of $50,000,000.00” to the United States. Id. at 6. According to the

Statement of Facts tendered as part of Tajideen’s guilty plea, Tajideen

acknowledge[d] that . . . his [SDGT] designation by [the] OFAC, and the prohibitions on transactions attendant to it under the [Act] and other regulations, were in full force during the period of the conspiracy period . . . , and, that other laws made it unlawful for any person to violate, attempt to violate, conspire to violate, or cause a violation of these prohibitions.

Statement of Facts at 2, United States v. Tajideen, Crim. Action No. 17-46 (RBW) (D.D.C. Dec.

6, 2018) (the “Statement of Facts”), ECF No. 214. Furthermore, the Statement of Facts that

Tajideen acknowledged was accurate when he entered his guilty plea, indicates that he and his

co-conspirators engaged in a plethora of transactions, see id. at 3–4, including wire transfers—at

least similar to those alleged in this forfeiture action—of “as much as $1 billion through the

United States financial system from places outside the United States,” Id. at 4.

B.

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