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U.S. v. ALL FUNDS ON DEPOSIT

No. CV-92-5310.

813 F.Supp. 180 (1993)

UNITED STATES of America, Plaintiff, v. ALL FUNDS PRESENTLY ON DEPOSIT OR ATTEMPTED TO BE DEPOSITED IN ANY ACCOUNTS MAINTAINED AT AMERICAN EXPRESS BANK, American Express Bank, Ltd., Citibank International, Citibank, N.A., Delta National Bank, and Capitol Bank in the Names of Cambitur, S.A., Casa De Cambios, Cambidex, Multicambio, S.A., Michel Duchamp, JCJ, Inc., and all Related Entities and Individuals (Collectively Referred to as the Claimants), Including, but not Limited to, American Express Bank Account No. 00800045, American Express Bank, Ltd. Account No. 000708008, Citibank N.A. Account No. 36964602, Citibank, N.A. Account No. 36994895, Delta National Bank Account No. 602187, and Capitol Bank Account No. 140023033, and all Property Traceable Thereto, Defendants.

United States District Court, E.D. New York.

February 9, 1993.

Attorney(s) appearing for the Case

Arthur P. Hui, Asst. U.S. Atty., Brooklyn, NY, for U.S.

Mario Malerba, Malerba, Carbone & LaSale, Kew Gardens, NY, for Cambitur S.A.

MEMORANDUM AND ORDER

GLASSER, District Judge:

Claimant Cambitur S.A. ("Cambitur") brings this "emergency" motion for return of property seized in this civil forfeiture action. More specifically, Cambitur seeks the return of $584,445.41 that it sent to American Express Bank (or "the Bank") on November 12, 1992. For the reasons discussed below, claimant's motion is hereby granted. However, execution of this order is stayed for five days to give the government...

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