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U.S. v. ($61,900.00)

No. 10 Civ. 1866(BMC).

856 F.Supp.2d 484 (2012)

UNITED STATES of America, Plaintiff, v. SIXTY-ONE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($61,900.00) seized from account number XXXXXXXXXX held in the name Of PRP Restaurant, Inc., at TD Bank, N.A. located in Astoria, New York, and all proceeds traceable thereto, Five Hundred Eighty-Seven Thousand Five Hundred Thirty-Six Dollars and Forty-Five Cents ($587,536.45) seized From account number XXX-XXXXX held in the name of PRP Restaurant, Inc., at Merrill Lynch Pierce Fenner & Smith, located in New York, New York and all proceeds traceable thereto, and Two Hundred Thirty Thousand Four Hundred Dollars and no cents ($230,400.00) seized from account number XXX-XXXXX held in the name of Robert Potenza, at Merrill Lynch Pierce Fenner & Smith, located in New York, New York and all proceeds traceable thereto, Defendants.

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

April 5, 2012.

Attorney(s) appearing for the Case

Brian D. Morris, Karen R. Hennigan, United States Attorneys Office, Brooklyn, NY, for Plaintiff.

Sean F. O'Shea, Andrew J. Sockol, O'Shea Partners LLP, New York, NY, Murray Singer, Murray E. Singer, Esq., Port Washington, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

This civil forfeiture case was tried before me in a two-day bench trial. I found that the Government had failed to prove its theory that claimant, Robert Potenza, had intentionally structured cash deposits to avoid the reporting requirements of 31 U.S.C. § 5313(a). Familiarity with my Findings of Fact and Conclusions of Law, dated August 15, 2011, is presumed. I am now presented with claimant...

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