United States v. $671, 160 in U.S. Currency, No. 11-56924 (9th Cir. 2013)
Annotate this CaseThis case involved the forfeiture of $671,170 in currency seized from a vehicle rented by claimant, a Canadian citizen. Claimant appealed the district court's dismissal of his verified claim and answer, and the resulting default judgment in favor of the United States, contending that he did not meet the statutory definition of a fugitive from justice under the Fugitive Disentitlement Statute, 28 U.S.C. 2466. The court concluded that the totality of the circumstances supported the district court's conclusion that claimant has intentionally declined to return to the United States as to avoid submitting to the jurisdiction of the California courts and consequently facing the criminal charge pending against him. Therefore, the court concluded that claimant was a fugitive under section 2466(a)(1); the district court did not abuse its discretion in disentitling claimant under section 2466 and striking his answer and claim to the forfeited funds; and the district court did not err in denying claimant's request to convert the government's motion into a motion for summary judgment. The court declined to address claimant's remaining arguments and affirmed the judgment of the district court.
Court Description: Civil Forfeiture / Fugitive Disentitlement Statute. The panel affirmed the district court’s dismissal, based on the Fugitive Disentitlement Statute, of Mike Ionita’s verified claim to $671,170 in currency seized from a vehicle rented by Ionita, and the resulting default judgment in favor of the United States. The panel held that Ionita, who returned to his home in Canada before a criminal complaint was filed in California in this case, met the statutory definition of a fugitive from justice. The panel held that the totality of the circumstances supported the district court’s conclusion that Ionita had intentionally declined to return to the United States so as to avoid submitting to the jurisdiction of the California courts and consequently facing the criminal charges pending against him, and as a result Ionita was a fugitive under 28 U.S.C. § 2466. The panel also held that the district court did not err in denying Ionita’s request to convert the government’s motion to strike into a motion for summary judgment. Finally, the panel declined to address Ionita’s remaining arguments because they were barred by the Fugitive Disentitlement Statute, which prohibits him from litigating issues related to his pending criminal case without subjecting himself to the jurisdiction of the Los Angeles County criminal court.
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