Omidi v. United States, No. 15-55667 (9th Cir. 2017)Annotate this Case
The government obtained warrants authorizing it to seize roughly $100 million from bank accounts controlled by appellants, and asserted that the funds were proceeds from a criminal activity and thus subject to forfeiture under 18 U.S.C. 981. Appellants argued that, although they learned of the seizure shortly after it occurred, they did not receive notice pursuant to section 983(a)(1)(A) of the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), 18 U.S.C.. 983(a)(1)(A), within 60 days of the seizure. The court concluded that section 983(a)(1)(A)(i) limited the applicability of the 60-day notice deadline to "nonjudicial" civil forfeiture proceedings. The court concluded that, because this case involved judicial forfeiture proceedings, this section does not apply. The court explained that the government could not have pursued nonjudicial forfeiture proceedings even if it had wanted to because the value of the property far exceeded $500,000. Accordingly, the court affirmed the judgment.